Zoning Planning & Land Use Law in Minnesota

The laws that regulate how land can be used, and what structures can be built on individual pieces of land in Waconia, Minnesota can sometimes be a bit confusing. This article will not make its reader an expert, but should serve as a good introduction to the subject.

Municipal governments which practice zoning normally follow a similar scheme: the town or city is divided up into "zones," or areas in which particular types of use are permitted. For instance, the downtown area might be zoned for commercial and office use, and perhaps for large, multi-unit apartment buildings. The surrounding areas will normally be zoned for residential and small-scale commercial use, and the outskirts zoned for manufacturing and other heavy industry.

There are numerous different reasons that cities might engage in zoning - but it is typically designed around making cities more livable, by preventing conflicting uses from clashing with one another. After all, few people would want to live in a house next to a vacant lot, if there is a chance that somebody could decide to build a pig farm next door. The security provided by zoning laws helps maintain property values

On the other hand, zoning laws recognize and attempt to accommodate the necessity of factories and other industrial activities. They just seek to ensure that such activities are performed in a way that they don't conflict with the rights of adjacent landowners to use and enjoy their property in peace.

Possible Outcomes of Boundary and Title Disputes in Waconia, Minnesota

Suppose you find that some condition on your land is in violation of Waconia, Minnesota's zoning laws. In cases like this, you have quite a few avenues.

It should be clear, however, that the ideal solution is to just fix any condition on your property which is in violation of a local zoning law. If the violation is not significant, and correcting it won't considerably interfere with your use of your property, this is likely the ideal course of action.

What if, however, you've invested a substantial amount of time and money into making an improvement on your property, only to find that it breaks your local zoning laws in some minor way? In this case, you can apply for a variance. This is typically an exception to the zoning rules. If declining to enforce these rules would not harm anyone, and would not do much to advance the purpose of Waconia, Minnesota's zoning laws, a variance will typically be granted.

Furthermore, if you have been residing on your property for a long time, and made improvements on it that complied with the zoning laws in effect at the time, a new zoning law that would be violated by your prevailing use of your property, the new law cannot be enforced against you. The U.S. Constitution bars the passage of "ex post facto," or retroactive, laws. Once the laws take effect, however, you'll have to comply with the new zoning laws with respect to any new improvements you want to make on your property.

What Can A Waconia, Minnesota Attorney Do?

If you are in the early stages of a major construction or remodeling project on your property, particularly if it is in a residential area (where zoning laws tend to be most restrictive), you are likely to confront one zoning law issue or another. Of course, having read this article, you should now be aware that you have rights when it comes to contesting a zoning law as applied to you. While such contests do not always come out on the side of the landowner, the guidance of a reliable Waconia, Minnesota real estate attorney will greatly improve one's chances.