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 Poplar Bluff, Missouri can sometimes be a bit perplexing. This article will not make its reader an expert, but should serve as a good introduction to the subject.

Municipal governments which practice zoning typically 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 typically 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 built next to daycare centers, pig farms should not be built 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.

Zoning laws don't exist just to protect residential use - it also protects people who engage in other types of use of land, by making sure that they are able to do their business, without bothering neighboring landowners, and thereby preventing legal disputes.

Possible Outcomes of Boundary and Title Disputes in Poplar Bluff, Missouri

If something on your property is in violation of a Poplar Bluff, Missouri zoning law, the landowner has several avenues.

It should be obvious that the first option you should consider is to correct the violation. If doing this wouldn't cost you very much, or pose a major inconvenience, you should obviously do this.

Of course, just fixing a zoning violation isn't always affordable or easy, and may interfere with your planned use of your property. For instance, you might have just undertaken a significant remodeling of your home, and later found out that some small part of it technically doesn't conform to Poplar Bluff, Missouri's zoning laws. If this happens to you, you can apply to your local zoning board for what's known as a "variance." This is simply a decree by the zoning board that the particular rule your property violates no longer applies. The Supreme Court has held that local zoning boards have to grant variances when the violation is very minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.

You also have significant protections if a zoning law changes, and you find that the land you've been living on for years is suddenly in violation of the new law. In general, zoning laws cannot apply to structures and uses which were built or commenced before the law was changed. Under the U.S. Constitution, it's not permissible for state or local governments to pass laws which have retroactive effect. You should know, however, that any future changes you make to your property will have to comply with the new zoning law.

What Can A Poplar Bluff, Missouri Attorney Do?

If you find yourself facing zoning or other land use issues, it's essential to have good legal advice. A reputable Poplar Bluff, 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.