Zoning Planning & Land Use Law in Missouri

The laws that regulate how land can be used, and what structures can be built on individual pieces of land in Hollister, Missouri can sometimes be a bit intricate. 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 example, 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 a lot of rationales and purposes for zoning laws. In general, they're based in common sense: chemical plants shouldn't be constructed next to daycare centers, pig farms should not be constructed in the middle of a residential neighborhood, and other simple principles similar to that. Zoning laws, by keeping conflicting land uses separate, make life easier for all parties, ensuring that property values will be preserved, and that necessary industries can be conducted where they will not bother anyone.

On the other hand, zoning laws recognize and attempt to accommodate the necessity of factories and other industrial activities. They simply 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 Hollister, Missouri

If a condition on your property violates the local zoning laws of Hollister, Missouri, there are a few different solutions.

The most obvious solution is to correct the problem, so your property is no longer in violation of local zoning laws. If the violation is minor, and correcting it would not be very costly, this is likely the best way to go.

But what happens if you've invested a large amount of effort and money into improving your land, and you later discover that you've committed some relatively minor zoning violation? You are generally entitled to seek what is known as a "variance" in these cases. A variance is simply when your local government makes a small exception to the zoning rules to accommodate a small violation that would be difficult to fix. A variance will typically be granted if the violation doesn't harm anyone, and enforcing Hollister, Missouri's zoning laws to the letter would not, in this case, advance their purposes.

Moreover, zoning ordinances cannot be applied against you retroactively. For example, suppose you built a 3-story house on your property, and your property was zoned to allow 3-story houses to be built at the time of construction. And then, years later, the area you live in is re-zoned, to only allow 2-story houses. Can the local government force you to remove a whole level of your house? Of course not. Applying a law retroactively is unconstitutional. On the other hand, any future changes you want to make to your property will have to comply with the applicable zoning ordinance as it is currently written.

What Can A Hollister, Missouri Attorney Do?

If you find yourself facing zoning or other land use issues, it's crucial to have good legal advice. A knowledgeable Hollister, Missouri attorney will help you work within the law to ensure that you are as free as possible to make the use of your land that you want.