Zoning Planning & Land Use Law in Kansas
The laws that regulate how land can be used, and what structures can be built on individual pieces of land in Roeland Park, Kansas can sometimes be a bit difficult. This article will not make its reader an expert, but should serve as a good introduction to the subject.
"Zoning" refers to a set of laws and regulations which state what use can be made of land in different parts of a city or county. Typically, localities are divided up into "zones," which are designated for particular categories of use, such as single-family residence, business, manufacturing, etc.
Local governments have numerous 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.
While zoning laws appear to be geared just toward protecting residents, they also protect industry, by ensuring that they are free to conduct their business without getting caught up in the numerous legal disputes that would be inevitable if they were closer to a residential area.
Possible Outcomes of Boundary and Title Disputes in Roeland Park, Kansas
If a condition on your property breaks the local zoning laws of Roeland Park, Kansas, there are a few different solutions.
It should be clear, however, that the ideal solution is to just fix any condition on your property which is in violation of a local zoning law. If the violation is not significant, and correcting it won't substantially interfere with your use of your property, this is likely the ideal course of action.
Occasionally, however, a landowner wants to make improvements on their property which might constitute a slight violation of Roeland Park, Kansas'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. Typically, variances are granted when the violation is extremely minor, and, enforcing the letter of the zoning law would not do much to advance its broader purpose.
Furthermore, if the zoning laws governing your property have changed, and some aspect of it is now violating the new rules, these changes can typically not be enforced against you, because it would be unfair to apply a new law retroactively.
What Can A Roeland Park, Kansas 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 face 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 help of a seasoned Roeland Park, Kansas real estate attorney will greatly improve one's chances.