Zoning Planning & Land Use Law in Oregon

Creswell, Oregon has laws which regulate how individual parcels of land can be used, and how they cannot. These rules aren't always simple, and this article should serve as an introduction to some of the most prevalent issues that homeowners might face, though it is not meant to turn a layperson into an expert.

"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. Usually, localities are divided up into "zones," which are designated for specific categories of use, such as single-family residence, business, manufacturing, etc.

Zoning serves various different purposes - but it its basic 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 simply convert his property into a steel mill, your property's value as a residential lot would decrease considerably.

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 proficient by helping it avoid costly nuisance lawsuits.

Possible Outcomes of Boundary and Title Disputes in Creswell, Oregon

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

The most noticeable 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 Creswell, Oregon'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 Creswell, Oregon Attorney Do?

If you are in the process of physically altering your property, you are almost certain 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 help of a qualified Creswell, Oregon attorney.