Zoning Planning & Land Use Law in Maine

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

Localities typically divide their jurisdictions into segments, referred to as "zones," on which particular types of use are permitted. For instance, one area of a town might be zoned for residential use, a nearby one for commercial use, and areas on the outskirts zoned for industrial use. This practice is called "zoning."

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

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 conducted 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 Scarborough, Maine

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

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

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

Furthermore, zoning ordinances cannot be applied against you retroactively. For instance, suppose you built a 3-story house on your property, and your property was zoned to allow 3-story houses to be built at the time of construction. And then, years later, the area you reside in is re-zoned, to only allow 2-story houses. Can the local government force you to remove a whole level of your house? Of course not. Applying a law retroactively is unconstitutional. On the other hand, any future changes you want to make to your property will have to comply with the applicable zoning ordinance as it is currently written.

What Can A Scarborough, Maine Attorney Do?

If you find yourself facing zoning or other land use issues, it's critical to have good legal advice. A reputable Scarborough, Maine attorney will help you work within the law to ensure that you are as free as possible to make the use of your land that you want.