Zoning Planning & Land Use Law in North Carolina
In High Point, North Carolina, 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 extremely 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. Typically, localities are divided up into "zones," which are designated for particular categories of use, such as single-family residence, business, manufacturing, etc.
Local governments have various different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to safeguarding property values. For instance, most people wouldn't buy a home in a neighborhood where they knew it was possible for a neighbor to turn their house into a factory.
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 done 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 High Point, North Carolina
You have quite a few options if you find that a planned or prevailing use of your property breaks High Point, North Carolina's zoning regulations.
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 substantially interfere with your use of your property, this is likely the ideal course of action.
However, it isn't always practical or affordable to correct a minor violation of a zoning law. For instance, suppose you have just spent a large amount of money and effort remodeling a house to turn it into your dream home. You thought you were in total compliance with local zoning laws when you did this, but find out that there is some small, technical violation of High Point, North Carolina's zoning laws. In these cases, you have recourse in the form of a variance. You are entitled to petition the local zoning board to grant you a variance, which is an official decision not to apply a certain provision of a zoning law to a single violation. These aren't always granted, but typically have to be granted if the violation doesn't interfere with anyone else's use of their property, and doesn't thwart the purposes of local zoning laws.
Furthermore, if the zoning laws governing your property have changed, and some aspect of it is now violating the new rules, these changes can typically not be enforced against you, because it would be unfair to apply a new law retroactively.
What Can A High Point, North Carolina Attorney Do?
If you want to make improvements to your property, apply for a variance, or contest a zoning regulation as being applied to you retroactively, you have a right to do so, including some constitutional protections. However, your chances of prevailing in a zoning disagreement will be markedly improved if you hire an accomplished High Point, North Carolina real estate attorney to help.