Zoning Planning & Land Use Law in Missouri
In St Charles County, Missouri, there are laws which determine what can and can't be done on certain parcels of land. These laws get pretty involved sometimes, and aren't always very accessible to laypersons. This article should serve as a good overview of these laws.
"Zoning" refers to a set of laws and regulations which state what use can be made of land in different parts of a city or county. Generally, localities are divided up into "zones," which are designated for certain categories of use, such as single-family residence, business, manufacturing, etc.
Zoning serves several different purposes - but it its general one is to increase or preserve property values by ensuring that conflicting uses don't result in legal disputes. Obviously, if you bought a house in a residential neighborhood, and your neighbor could just convert his property into a steel mill, your property's value as a residential lot would decrease significantly.
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 St Charles County, Missouri
If a condition on your property breaks the local zoning laws of St Charles County, Missouri, there are a few different solutions.
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 significantly interfere with your use of your property, this is likely the ideal course of action.
Occasionally, however, a landowner wants to make improvements on their property which might constitute a slight violation of St Charles County, Missouri's zoning laws. In this case, the owner can apply for a variance - an official agreement from the local government to not enforce a certain zoning regulation. Generally, variances are granted when the violation is very minor, and, enforcing the letter of the zoning law would not do much to advance its broader purpose.
Moreover, 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 St Charles County, Missouri Attorney Do?
If you are in the process of physically altering your property, you are almost sure to face some issues having to do with local zoning laws. If you find that zoning laws are making it very difficult to use your property as you see fit, you may have legal recourse, usually in the form of a variance. Of course, your chances of success in any zoning dispute will be immeasurably increased if you have the assistance of a qualified St Charles County, Missouri attorney.