Zoning Planning & Land Use Law in Kentucky

The laws that regulate how land can be used, and what structures can be built on individual pieces of land in Columbia, Kentucky can sometimes be a bit complicated. This article will not make its reader an expert, but should serve as a good introduction to the subject.

Local governments will usually divide the city or town into sections, called "zones," each of which is designated for a particular use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."

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.

On the other hand, zoning laws recognize and attempt to accommodate the necessity of factories and other industrial activities. They simply seek to ensure that such activities are conducted in a way that they don't conflict with the rights of adjacent landowners to use and enjoy their property in peace.

Possible Outcomes of Boundary and Title Disputes in Columbia, Kentucky

Zoning laws are often quite extensive and meticulous, and it's very possible that your property in Columbia, Kentucky 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.

Sometimes, however, a landowner wants to make improvements on their property which might constitute a slight violation of Columbia, Kentucky's zoning laws. In this case, the owner can apply for a variance - an official agreement from the local government to not enforce a particular zoning regulation. Generally, variances are granted when the violation is very minor, and, enforcing the letter of the zoning law would not do much to advance its broader purpose.

You are also protected if your land is currently in full compliance with local zoning regulations, but the area where your land sits is re-zoned, and your property is suddenly not in compliance with the new zoning regulations. Generally, these new regulations cannot be used to force you to change existing conditions on your property. No laws can be applied retroactively, under the U.S. Constitution. Of course, if you make any improvements on your land after the law changes, you'll have to comply with the new law.

What Can A Columbia, Kentucky Attorney Do?

If you find yourself facing zoning or other land use issues, it's important to have good legal advice. A good Columbia, Kentucky 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.