Zoning Planning & Land Use Law in Massachusetts
The laws that regulate how land can be used, and what structures can be built on individual pieces of land in Avon, Massachusetts 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."
Local governments have many different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to protecting property values. For example, 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 generally acknowledge the necessities of things like factories, sewage treatment plants, and stockyards, but recognize that such activities shouldn't be conducted in residential areas.
Possible Outcomes of Boundary and Title Disputes in Avon, Massachusetts
You have quite a few options if you find that a planned or current use of your property violates Avon, Massachusetts's zoning regulations.
It should be discernible that the first option you should consider is to correct the violation. If doing this wouldn't cost you very much, or pose a major inconvenience, you should obviously do this.
Of course, simply fixing a zoning violation isn't always affordable or easy, and may interfere with your planned use of your property. For example, you might have just undertaken a significant remodeling of your home, and later found out that some small part of it technically doesn't conform to Avon, Massachusetts'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 very minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.
Further, if you have been living 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 current 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 Avon, Massachusetts 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 dispute will be markedly improved if you hire an experienced Avon, Massachusetts real estate attorney to help.