Zoning Planning & Land Use Law in Connecticut

The laws controlling how land can and cannot be used in Killingworth, Connecticut are fairly complicated, and can be confusing to laypersons. This should provide a basic overview.

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.

Zoning laws usually acknowledge the necessities of things like factories, sewage treatment plants, and stockyards, but recognize that such activities shouldn't be done in residential areas.

Possible Outcomes of Boundary and Title Disputes in Killingworth, Connecticut

If something on your property is in violation of a Killingworth, Connecticut zoning law, the landowner has various avenues.

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 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 Killingworth, Connecticut'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 Killingworth, Connecticut 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 Killingworth, Connecticut real estate attorney will greatly improve one's chances.