Land Use, Zoning and Planning Lawyers in Kettering, Ohio

In Kettering, Ohio, 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.

Zoning serves several different purposes - but it its main one is to increase or preserve property values by ensuring that conflicting uses don't result in legal disputes. Obviously, if you bought a house in a residential neighborhood, and your neighbor could simply convert his property into a steel mill, your property's value as a residential lot would decrease significantly.

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.

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What if My Property Violates Kettering, Ohio's Zoning Laws?

Suppose you find that some condition on your land is in violation of Kettering, Ohio's zoning laws. In cases like this, you have quite a few 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.

But what happens if you've invested a large amount of effort and money into improving your land, and you later discover that you've committed some relatively minor zoning violation? You are generally entitled to seek what is known as a "variance" in these cases. A variance is simply when your local government makes a small exception to the zoning rules to accommodate a small violation that would be difficult to fix. A variance will usually be granted if the violation doesn't harm anyone, and enforcing Kettering, Ohio's zoning laws to the letter would not, in this case, advance their purposes.

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 Kettering, Ohio Attorney Help?

If you are in the process of physically altering your property, you are almost certain to face some issues having to do with local zoning laws. If you find that zoning laws are making it very difficult to use your property as you see fit, you may have legal recourse, usually in the form of a variance. Of course, your chances of success in any zoning dispute will be immeasurably increased if you have the help of a qualified Kettering, Ohio attorney.

There are 88 Real Estate, Housing & Property Law cases posted in Kettering

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Life in Kettering

Kettering lies in both Greene and Montgomery County. It is a suburb of Ohio, nearby Dayton.  The suburb is of decent size, with an approximate population of 56,170 people. 

The suburb has three popular attractions.  First is Fraze Pavilion, which is an outdoor entertainment venue.  Next is Dayton Philharmonic, which is also an entertainment venue.  Lastly, there is the Town and County Shopping Center, a great open-air mall to do some shopping and grab some food!

Famous residents include Tony P. Hall, John Paxson, Jim Paxson, Brooklyn Decker, Brady Hoke, and Kim Richey.

Kettering is also home to some attorneys.  These attorneys are able to provide residents with excellent legal guidance, as well as referrals, if need be.

 

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