Zoning Planning & Land Use Law in New York
In Chestnut Ridge, New York, there are laws which determine what can and can't be done on given parcels of land. These laws get pretty involved sometimes, and aren't always very accessible to laypersons. This article should serve as a good overview of these laws.
Localities typically divide their jurisdictions into segments, referred to as "zones," on which particular types of use are permitted. For example, one area of a town might be zoned for residential use, a nearby one for commercial use, and areas on the outskirts zoned for industrial use. This practice is called "zoning."
Zoning serves several different purposes - but it its basic one is to increase or preserve property values by ensuring that conflicting uses don't result in legal disputes. Obviously, if you bought a house in a residential neighborhood, and your neighbor could simply convert his property into a steel mill, your property's value as a residential lot would decrease significantly.
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 Chestnut Ridge, New York
Zoning laws are often quite extensive and meticulous, and it's very possible that your property in Chestnut Ridge, New York contains some minor zoning violation that you don't know about. If this happens to you, you have significant legal protections.
First of all, and most simply, the owner could just fix the violation. If the violation isn't very significant, and fixing it wouldn't cost very much, this is probably the best and easiest option.
Sometimes, however, a landowner wants to make improvements on their property which might constitute a slight violation of Chestnut Ridge, New York'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.
Furthermore, zoning ordinances cannot be applied against you retroactively. For example, 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 live 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 Chestnut Ridge, New York Attorney Do?
If you find yourself facing zoning or other land use issues, it's crucial to have good legal advice. A good Chestnut Ridge, New York 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.