Zoning Planning & Land Use Law in South Carolina
Irmo, South Carolina 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" 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.
Local governments have numerous 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.
Zoning laws usually acknowledge the necessities of things like factories, sewage treatment plants, and stockyards, but recognize that such activities shouldn't be done in residential areas.
Possible Outcomes of Boundary and Title Disputes in Irmo, South Carolina
If something on your property is in violation of an Irmo, South Carolina zoning law, the landowner has various avenues.
It should be apparent 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.
Of course, just fixing a zoning violation isn't always inexpensive or easy, and may interfere with your planned use of your property. For instance, you might have just undertaken a substantial remodeling of your home, and later found out that some small part of it technically doesn't conform to Irmo, South Carolina'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 quite minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.
You also have substantial 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 Irmo, South Carolina 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 Irmo, South Carolina attorney.