Land Use, Zoning and Planning Lawyers in Lexington, Kentucky
The laws that regulate how land can be used, and what structures can be built on individual pieces of land in Lexington, 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.
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 efficient by helping it avoid costly nuisance lawsuits.
What if My Property Violates Lexington, Kentucky's Zoning Laws?
If something on your property is in violation of a Lexington, Kentucky zoning law, the landowner has several options.
First, and perhaps most obviously, you can correct the violation. If the violation is relatively minor, and correcting it would not cost you much or be a significant burden, this might be the best way to go.
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 Lexington, 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 Lexington, Kentucky Attorney Help?
If you suddenly become involved in a zoning dispute with your local government, it's essential to seek competent legal representation. The counsel of an experienced Lexington, Kentucky real estate attorney can make it much easier for you to act within the law to use your own property as you wish, or at least be as free as possible to make improvements to your land.
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Life in Lexington
Lexington is the "Thoroughbred City" and self-proclaimed "Horse Capital of the World." Home to three World renown horse-racing tracks that include Keenland which opened in 1936, the Red Mile Harness Track which is the oldest in Lexington, and the new Kentucky Horse Park. There may be an abundance of gambling in Lexington but the economy is known for its stability. Forbes Magazine named Lexington the 5th best city for "Business and Careers." There's an abundance of technology research and high tech industries like Lexmark International, Hewlett Packard, and Affiliated Computer Services as well as government facilities. Such a stable economy makes Lexington a standout city in the United States and quite attractive to job seekers.One of the major government employers in Lexington is the Lexington-Fayette County Governments. Lexington is the seat of Fayette County, Kentucky and therefore has many of the administrative buildings, courts, jails, and political facilities. A number of lawyers call Lexington home since there are so many local courts. Lexington lawyers can consult on any type of case heard in Lexington and Fayette County Courts including personal injury, probate, criminal, divorce, and child custody cases.
