Zoning Planning & Land Use Law in Nebraska

In Columbus, Nebraska, 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 quite accessible to laypersons. This article should serve as a good overview of these laws.

"Zoning" is the process by which a local government makes laws determining how individual pieces of land within its jurisdiction can be used. Typically, towns or cities are segmented off into "zones," each one being designated for a specific type of use. Examples of typical zoning categories are single family residence, commercial, multi-unit housing, or industrial.

The purpose of zoning is to preserve property values, and make towns and cities more livable. For instance, without zoning laws, a company might be able to purchase a vacant lot next to your house and create a noisy, smelly, dirty factory on it.

Zoning also serves the interests of industry, as well as residents. By ensuring that there are places where heavy industry can take place, well-planned zoning regulations will ensure that industrialists are free to practice their trade, and that residents will not be disturbed by those activities, which makes industry more feasible by helping it prevent costly nuisance lawsuits.

Possible Outcomes of Boundary and Title Disputes in Columbus, Nebraska

You have quite a few options if you find that a planned or prevailing use of your property breaks Columbus, Nebraska's zoning regulations.

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

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 Columbus, Nebraska's zoning laws, a variance will typically be granted.

Moreover, zoning ordinances cannot be applied against you retroactively. For instance, 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 reside 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 Columbus, Nebraska Attorney Do?

If you are in the process of physically altering your property, you are almost sure to face some concerns having to do with local zoning laws. If you find that zoning laws are making it very challenging to use your property as you see fit, you may have legal recourse, typically 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 Columbus, Nebraska attorney.