Zoning Planning & Land Use Law in West Virginia

Morgantown, West Virginia has a fairly massive number of laws that dictate how individual 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 critical concepts in zoning law.

"Zoning" is the process by which a local government makes laws determining how individual pieces of land within its jurisdiction can be used. Normally, 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.

There are various different reasons that cities might engage in zoning - but it is normally 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

Zoning laws typically 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 Morgantown, West Virginia

If something on your property is in violation of a Morgantown, West Virginia zoning law, the landowner has many avenues.

It should be discernible that the first option you should consider is to correct the violation. If doing this wouldn't cost you very much, or pose a massive inconvenience, you should obviously do this.

Of course, just fixing a zoning violation isn't always modest or easy, and may interfere with your planned use of your property. For instance, you might have just undertaken a considerable remodeling of your home, and later found out that some small part of it technically doesn't conform to Morgantown, West Virginia'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 extremely minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.

Furthermore, if the zoning laws governing your property have changed, and some aspect of it is now violating the new rules, these changes can typically not be enforced against you, because it would be unfair to apply a new law retroactively.

What Can A Morgantown, West Virginia 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 Morgantown, West Virginia real estate attorney to help.