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 Crescent Springs, Kentucky 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.

Local governments will normally 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."

The purpose of zoning is to preserve property values, and make towns and cities more livable. For instance, without zoning laws, a company might be able to purchase a vacant lot next to your house and construct 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 just seek to ensure that such activities are done 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 Crescent Springs, Kentucky

Zoning laws are commonly quite extensive and meticulous, and it's extremely possible that your property in Crescent Springs, Kentucky contains some minor zoning violation that you don't know about. If this happens to you, you have considerable legal protections.

Initially, and perhaps most evidently, you can correct the violation. If the violation is comparatively minor, and correcting it would not cost you much or be a considerable burden, this might be the best way to go.

However, it isn't always practical or affordable to correct a minor violation of a zoning law. For instance, suppose you have just spent a large amount of money and effort remodeling a house to turn it into your dream home. You thought you were in total compliance with local zoning laws when you did this, but find out that there is some small, technical violation of Crescent Springs, Kentucky's zoning laws. In these cases, you have recourse in the form of a variance. You are entitled to petition the local zoning board to grant you a variance, which is an official decision not to apply a certain provision of a zoning law to a single violation. These aren't always granted, but typically have to be granted if the violation doesn't interfere with anyone else's use of their property, and doesn't thwart the purposes of local zoning laws.

Additionally, zoning ordinances cannot be applied against you retroactively. For instance, 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 reside 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.

What Can A Crescent Springs, Kentucky Attorney Do?

If you want to make improvements to your property, apply for a variance, or contest a zoning regulation as being applied to you retroactively, you have a right to do so, including some constitutional protections. However, your chances of prevailing in a zoning disagreement will be markedly improved if you hire an accomplished Crescent Springs, Kentucky real estate attorney to help.