Land Use, Zoning and Planning Lawyers in Providence, Rhode Island
Providence, Rhode Island has laws which govern how individual parcels of land can be used, and how they cannot. These rules aren't always simple, and this article should serve as an introduction to some of the most common issues that homeowners might face, though it is not meant to turn a layperson into an expert.
"Zoning" is the process by which a local government makes laws determining how individual pieces of land within its jurisdiction can be used. Usually, towns or cities are segmented off into "zones," each one being designated for a specific type of use. Examples of common zoning categories are single family residence, commercial, multi-unit housing, or industrial.
There are many 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 preserve property values
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 Providence, Rhode Island's Zoning Laws?
If a condition on your property violates the local zoning laws of Providence, Rhode Island, there are a few different solutions.
It should be obvious 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.
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 Providence, Rhode Island's zoning laws to the letter would not, in this case, advance their purposes.
Furthermore, zoning ordinances cannot be applied against you retroactively. For example, 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 live 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.
Find a Providence Lawyer that Specializes in Your Area of Need:
How Can a Providence, Rhode Island 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 Providence, Rhode Island attorney.
There are 165 Real Estate, Housing & Property Law cases posted in Providence
Cases Posted to LegalMatch listed by ZIP Code:Zoning Planning & Land Use Attorneys in the Largest RI Cities
Life in Providence
Providence is the 3rd largest city in New England and known for its jewelry and silverware industry. Providence is known as the "Creative Capital" because the city and its residents emphasize educational and cultural resources within the community. Ivy League Brown University, Johnson & Wales University, the Rhode Island School of Design, Providence College, the state's oldest public college named Rhode Island College are all located in Providence. The city is also home to one of the best writer's retreats available in the United States.Since Providence is such an important community, a number of talented New England lawyers call it home. Providence lawyers are familiar with local Rhode Island State Courts, Providence County Courts, as well as Federal Courts like U.S. Immigration and Bankruptcy courts.
Other major industries in Providence include transportation and trade, education, health services, government, and leisure/hospitality services for tourists. Providence is a major East Coast hub for business and financial services as well.
