Gloucester Zoning Attorney

Find the right Zoning Planning & Land Use attorney in Gloucester, MA

Zoning Planning & Land Use Law in Massachusetts

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

Local governments will typically divide the city or town into sections, called "zones," each of which is designated for a specific use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."

Local governments have various different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to safeguarding property values. For instance, most people wouldn't buy a home in a neighborhood where they knew it was possible for a neighbor to turn their house into a factory.

On the other hand, zoning laws recognize and attempt to accommodate the necessity of factories and other industrial activities. They just seek to ensure that such activities are performed in a way that they don't conflict with the rights of adjacent landowners to use and enjoy their property in peace.

Possible Outcomes of Boundary and Title Disputes in Gloucester, Massachusetts

If a condition on your property breaks the local zoning laws of Gloucester, Massachusetts, there are a few different solutions.

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 huge inconvenience, you should obviously do this.

Occasionally, however, a landowner wants to make improvements on their property which might constitute a slight violation of Gloucester, Massachusetts'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. Usually, variances are granted when the violation is quite minor, and, enforcing the letter of the zoning law would not do much to advance its broader purpose.

Moreover, 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 Gloucester, Massachusetts 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 confront 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 guidance of a reliable Gloucester, Massachusetts real estate attorney will greatly improve one's chances.

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Life in Gloucester

Gloucester, Massachusetts is a city located on Cape Ann, in Essex County. According to a 2007 Census estimate, its population is approximately 30,000 people. The area now known as Gloucester was first reached by British settlers in the 1620s. The town of Gloucester was so named in the 1640s (or that's when the first known written reference to the name exists) from a town of the same name en England. The town, thanks to its once-abundant supply of lumber, and its proximity to the ocean, used to be an important shipbuilding center. Though this industry has largely moved elsewhere, it is still an important part of the town's history and culture. It was also once a very important center for commercial fishing, and fishing is still an important component of the local economy. The architecture of Gloucester is quite beautiful, with many sections of the town comprised almost entirely of 100+ year old buildings, giving it the idyllic look distinctive to New England. There are also plenty of lawyers in and around Gloucester, Massachusetts who can handle whatever legal problem you might find yourself facing. New England is home to several exceptional law schools, and, by extension, many exceptional lawyers. If you have a legal issue, a Gloucester, Massachusetts lawyer can help.

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