Zoning Planning & Land Use Law in Wisconsin
Muskego, Wisconsin has a fairly large number of laws that dictate how particular plots of real estate can and cannot be used, and what can and can't be built on them, and these laws aren't always easy to follow. This article won't make you an authority on the subject, but should introduce you to some of the most essential concepts in zoning law.
"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. Generally, localities are divided up into "zones," which are designated for certain categories of use, such as single-family residence, business, manufacturing, etc.
There are a lot of rationales and purposes for zoning laws. In general, they're based in common sense: chemical plants shouldn't be built next to daycare centers, pig farms should not be built in the middle of a residential neighborhood, and other simple principles similar to that. Zoning laws, by keeping conflicting land uses separate, make life easier for all parties, ensuring that property values will be preserved, and that necessary industries can be conducted where they will not bother anyone.
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 Muskego, Wisconsin
If something on your property is in violation of a Muskego, Wisconsin zoning law, the landowner has several avenues.
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.
Occasionally, however, a landowner wants to make improvements on their property which might constitute a slight violation of Muskego, Wisconsin's zoning laws. In this case, the owner can apply for a variance - an official agreement from the local government to not enforce a certain zoning regulation. Generally, variances are granted when the violation is very minor, and, enforcing the letter of the zoning law would not do much to advance its broader purpose.
Furthermore, if you have been residing on your property for a long time, and made improvements on it that complied with the zoning laws in effect at the time, a new zoning law that would be violated by your prevailing use of your property, the new law cannot be enforced against you. The U.S. Constitution bars the passage of "ex post facto," or retroactive, laws. Once the laws take effect, however, you'll have to comply with the new zoning laws with respect to any new improvements you want to make on your property.
What Can A Muskego, Wisconsin Attorney Do?
If you are in the early stages of a major construction or remodeling project on your property, particularly if it is in a residential area (where zoning laws tend to be most restrictive), you are likely to encounter one zoning law issue or another. Of course, having read this article, you should now be aware that you have rights when it comes to contesting a zoning law as applied to you. While such contests do not always come out on the side of the landowner, the assistance of a reputable Muskego, Wisconsin real estate attorney will greatly improve one's chances.