Chattanooga Zoning Attorney

Find the right Zoning Planning & Land Use attorney in Chattanooga, TN

Zoning Planning & Land Use Law in Tennessee

Chattanooga, Tennessee has laws which control 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 frequent issues that homeowners might face, though it is not meant to turn a layperson into an expert.

Local governments will normally divide the city or town into sections, called "zones," each of which is designated for a specific use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."

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 construct a noisy, smelly, dirty factory on it.

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 Chattanooga, Tennessee

Zoning laws are commonly quite extensive and meticulous, and it's extremely possible that your property in Chattanooga, Tennessee contains some minor zoning violation that you don't know about. If this happens to you, you have considerable legal protections.

Initially, and perhaps most evidently, you can correct the violation. If the violation is comparatively minor, and correcting it would not cost you much or be a considerable burden, this might be 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 normally be granted if the violation doesn't harm anyone, and enforcing Chattanooga, Tennessee's zoning laws to the letter would not, in this case, advance their purposes.

Additionally, 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 Chattanooga, Tennessee 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 Chattanooga, Tennessee real estate attorney to help.

Talk to a Real Estate Law Attorney now!

Life in Chattanooga

Chattanooga, Tennessee is the 4th largest city in Tennessee, with an a population of about 170,000 people. It is located in Hamilton and Marion Counties.

Chattanooga, TN was founded in 1838 when the United States government, unfortunately, forced the Native American population of the area off of their historical lands, and then established a military base.

Modernly, Chattanooga, TN is undergoing a renaissance, with a concerted effort underway to repair its image, which had been somewhat tarnished over the last few decades, with its industrial economic base disappearing, as happened in many American cities.

Thanks to public and private investment, with many of the major deals negotiated and drafted by Chattanooga, TN lawyers, the city's economy is now a fairly diverse mix of manufacturing and service-based industries. In 2011, Volkswagen opened a manufacturing plant in Chattanooga, TN which cost billion to build, and is expected to employ over 2,000 people when fully operational.

Because of this highly diverse economy, Chattanooga, TN lawyers have a lot to keep themselves busy. So, it should come as no surprise that a Chattanooga, TN lawyer will almost certainly be able to help you with whatever legal problems you may have.

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