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 Elsmere, Kentucky can sometimes be a bit confusing. This article will not make its reader an expert, but should serve as a good introduction to the subject.
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."
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 create a noisy, smelly, dirty factory on it.
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 Elsmere, Kentucky
If something on your property is in violation of an Elsmere, Kentucky zoning law, the landowner has various avenues.
Initially, and perhaps most apparently, you can correct the violation. If the violation is comparatively minor, and correcting it would not cost you much or be a substantial burden, this might be the best way to go.
Of course, just fixing a zoning violation isn't always inexpensive or easy, and may interfere with your planned use of your property. For instance, you might have just undertaken a substantial remodeling of your home, and later found out that some small part of it technically doesn't conform to Elsmere, Kentucky's zoning laws. If this happens to you, you can apply to your local zoning board for what's known as a "variance." This is simply a decree by the zoning board that the particular rule your property violates no longer applies. The Supreme Court has held that local zoning boards have to grant variances when the violation is quite minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.
You are also protected if your land is currently in complete 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. Usually, these new regulations cannot be utilized 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 Elsmere, Kentucky Attorney Do?
If you find yourself facing zoning or other land use issues, it's essential to have good legal advice. A reliable Elsmere, 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.