Blog

The Legalities of Land Use and Zoning

Zoning regulations and restrictions are used by municipalities to control and direct the development of property within their borders. Whether you need to get an easement in order to reliably access your property, looking at property for a new business, or have other land use and zoning law questions, a real estate attorney should be able to help. The attorneys at Robinson, Seiler, Anderson & Fife, LC. in Provo are well versed in the legalities of real estate law as well as land use and zoning. Below are some of the basic legalities to help you understand Land Use and Zoning Regulations.

 

The Function of Zoning Regulations

The basic purpose and function of zoning is to divide a municipality into residential, commercial, and industrial districts that are for the most part separate from one another, with the use of property within each district being reasonably uniform. Within these types of zones there are specific restrictions that must be adhered to such as; specific requirements as to the type of buildings allowed, location of utility lines, restrictions on accessory buildings, building setbacks from the streets and other boundaries, size and height of buildings, and number of rooms.

 

Limits set in Place for Zoning Regulations

Courts have held that a zoning regulation is permissible if it is reasonable and not arbitrary; if it bears a reasonable and substantial relation to the public health, safety, comfort, morals, and general welfare; and if the means employed are reasonably necessary for the accomplishment of its purpose. With these limits set in place it could lead to a lot of disagreement. Having the right attorney who is well versed in real estate law can help you when you disagreement turns into a litigation case. That is where the attorneys at Robinson, Seiler, Anderson & Fife, LC. in Provo can help. In many jurisdictions, statutes have created boards of zoning appeals to handle these issues. Given both the complexity of zoning law and the specialized nature of zoning appeals boards, an owner who contests a zoning requirement is ill advised to try to argue his or her case without legal assistance.

 

Call our office today to schedule an appointment with one of he experienced attorneys at Robinson, Seiler & Anderson in Provo.