Land Use, Zoning and Planning Lawyers in White Plains, New York
In White Plains, New York, there are laws which determine what can and can't be done on given parcels of land. These laws get pretty involved sometimes, and aren't always very accessible to laypersons. This article should serve as a good overview of these laws.
Municipal governments which practice zoning typically follow a similar scheme: the town or city is divided up into "zones," or areas in which particular types of use are permitted. For example, the downtown area might be zoned for commercial and office use, and perhaps for large, multi-unit apartment buildings. The surrounding areas will typically be zoned for residential and small-scale commercial use, and the outskirts zoned for manufacturing and other heavy industry.
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 laws don't exist just to protect residential use - it also protects people who engage in other types of use of land, by making sure that they are able to do their business, without bothering neighboring landowners, and thereby avoiding legal disputes.
What if My Property Violates White Plains, New York's Zoning Laws?
Zoning laws are often quite extensive and meticulous, and it's very possible that your property in White Plains, New York contains some minor zoning violation that you don't know about. If this happens to you, you have significant legal protections.
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 White Plains, New York'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.
Further, if you have been living 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 current 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.
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How Can a White Plains, New York Attorney Help?
If you find yourself facing zoning or other land use issues, it's important to have good legal advice. A good White Plains, New York 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.
There are 79 Real Estate, Housing & Property Law cases posted in White Plains
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Life in White Plains
White Plains is located in Westchester County, New York. It is an affluent county that is home to around one million people. It is just north of New York City. Surrounding areas include the Hudson River, Harrison, Long Island Sound, Scarsdale, and Greenburgh. Per the 2010 census, White Plains itself has a population of 56,853 people.Top employers include the Starwood Hotels, ITT, Bunge, Combe, Alliance Bernstein, Dannon, Krasdale Foods, Nine West, Vimeo, Acadia Realty Trust, AboveNet, Heineken, and Nokia. Naturally, to support all these corporations, White Plains is home to excellent and qualified attorneys who are there to serve the legal needs of residents and businesses.
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