Zoning Planning & Land Use Law in Virginia
Lynchburg, Virginia has laws which govern 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 common issues that homeowners might face, though it is not meant to turn a layperson into an expert.
Municipal governments which practice zoning typically follow a similar scheme: the town or city is divided up into "zones," or areas in which particular types of use are permitted. For instance, the downtown area might be zoned for commercial and office use, and perhaps for large, multi-unit apartment buildings. The surrounding areas will typically be zoned for residential and small-scale commercial use, and the outskirts zoned for manufacturing and other heavy industry.
There are various different reasons that cities might engage in zoning - but it is usually designed around making cities more livable, by preventing conflicting uses from clashing with one another. After all, few people would want to live in a house next to a vacant lot, if there is a chance that somebody could decide to build a pig farm next door. The security provided by zoning laws helps uphold property values
While zoning laws appear to be geared just toward protecting residents, they also protect industry, by ensuring that they are free to conduct their business without getting caught up in the various legal disputes that would be inevitable if they were closer to a residential area.
Possible Outcomes of Boundary and Title Disputes in Lynchburg, Virginia
Zoning laws are often quite extensive and meticulous, and it's very possible that your property in Lynchburg, Virginia contains some minor zoning violation that you don't know about. If this happens to you, you have significant legal protections.
Initially, and perhaps most obviously, you can correct the violation. If the violation is comparatively minor, and correcting it would not cost you much or be a significant 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 usually be granted if the violation doesn't harm anyone, and enforcing Lynchburg, Virginia's zoning laws to the letter would not, in this case, advance their purposes.
You are also protected if your land is currently in complete compliance with local zoning regulations, but the area where your land sits is re-zoned, and your property is suddenly not in compliance with the new zoning regulations. Generally, these new regulations cannot be utilized to force you to change existing conditions on your property. No laws can be applied retroactively, under the U.S. Constitution. Of course, if you make any improvements on your land after the law changes, you'll have to comply with the new law.
What Can A Lynchburg, Virginia Attorney Do?
If you find yourself facing zoning or other land use issues, it's critical to have good legal advice. A reputable Lynchburg, Virginia attorney will help you work within the law to ensure that you are as free as possible to make the use of your land that you want.