Land Use, Zoning and Planning Lawyers in Frankfort, Kentucky

The laws that regulate how land can be used, and what structures can be built on individual pieces of land in Frankfort, Kentucky can sometimes be a bit complicated. This article will not make its reader an expert, but should serve as a good introduction to the subject.

Local governments will usually divide the city or town into sections, called "zones," each of which is designated for a particular 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 example, without zoning laws, a company might be able to buy a vacant lot next to your house and build a noisy, smelly, dirty factory on it.

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 many legal disputes that would be inevitable if they were closer to a residential area.

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What if My Property Violates Frankfort, Kentucky's Zoning Laws?

If something on your property is in violation of a Frankfort, Kentucky zoning law, the landowner has several options.

It should be clear, however, that the ideal solution is to simply fix any condition on your property which is in violation of a local zoning law. If the violation is not serious, and correcting it won't significantly interfere with your use of your property, this is probably the best course of action.

However, it isn't always practical or affordable to correct a minor violation of a zoning law. For example, suppose you have just spent a large amount of money and effort remodeling a house to turn it into your dream home. You thought you were in total compliance with local zoning laws when you did this, but find out that there is some small, technical violation of Frankfort, Kentucky's zoning laws. In these cases, you have recourse in the form of a variance. You are entitled to petition the local zoning board to grant you a variance, which is an official decision not to apply a particular provision of a zoning law to a single violation. These aren't always granted, but generally have to be granted if the violation doesn't interfere with anyone else's use of their property, and doesn't thwart the purposes of local zoning laws.

You also have significant protections if a zoning law changes, and you find that the land you've been living on for years is suddenly in violation of the new law. In general, zoning laws cannot apply to structures and uses which were built or commenced before the law was changed. Under the U.S. Constitution, it's not permissible for state or local governments to pass laws which have retroactive effect. You should know, however, that any future changes you make to your property will have to comply with the new zoning law.

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How Can a Frankfort, Kentucky Attorney Help?

If you are in the early stages of a major construction or remodeling project on your property, especially 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 good Frankfort, Kentucky real estate attorney will greatly improve one's chances.

There are 13 Real Estate, Housing & Property Law cases posted in Frankfort

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Life in Frankfort

Frankfort is a city in Franklin County, Kentucky. It is the capital of Kentucky, and with a population of under 30,000 people, it is one of the least populous state capitals in the United States.

Frankfort was founded in the late 1700s, shortly after Kentucky became a state, with the specific purpose of serving as the state capital. During the Civil War, Frankfort was briefly occupied by confederate troops,

Since the 1960s, Frankfort has seen considerable population and economic growth, mainly due to the construction of a few large (for a city this size) state and private office buildings, and other construction projects. Frankfort is also home to several distilleries who make Kentucky bourbon whiskey, the signature spirit of the region. Some of these older office towers are slated for demolition, with the intention of building a new, more modern, business center, with several smaller buildings providing for office space.

There are plenty of lawyers in Frankfort, Kentucky who can handle whatever legal problems you might be facing. If you need any type of legal assistance, whether you're signing a mortgage, getting a divorce, starting a business, or anything else, a Frankfurt, Kentucky lawyer can help.

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