Zoning Planning & Land Use Law in New York
In Floral Park, New York, there are laws which determine what can and can't be done on certain parcels of land. These laws get pretty involved sometimes, and aren't always quite accessible to laypersons. This article should serve as a good overview of these laws.
Localities normally divide their jurisdictions into segments, referred to as "zones," on which particular types of use are permitted. For instance, 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 various different purposes - but it its major 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 just convert his property into a steel mill, your property's value as a residential lot would decrease considerably.
Zoning also serves the interests of industry, as well as residents. By ensuring that there are places where heavy industry can take place, well-planned zoning regulations will ensure that industrialists are free to practice their trade, and that residents will not be disturbed by those activities, which makes industry more feasible by helping it prevent costly nuisance lawsuits.
Possible Outcomes of Boundary and Title Disputes in Floral Park, New York
If a condition on your property breaks the local zoning laws of Floral Park, New York, there are a few different solutions.
First of all, and most simply, the owner could just fix the violation. If the violation isn't very substantial, and fixing it wouldn't cost very much, this is likely the best and simplest option.
Occasionally, however, a landowner wants to make improvements on their property which might constitute a slight violation of Floral Park, 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 certain zoning regulation. Usually, variances are granted when the violation is quite minor, and, enforcing the letter of the zoning law would not do much to advance its broader purpose.
Additionally, if the zoning laws governing your property have changed, and some aspect of it is now violating the new rules, these changes can usually not be enforced against you, because it would be unfair to apply a new law retroactively.
What Can A Floral Park, New York Attorney Do?
If you are in the early stages of a major construction or remodeling project on your property, particularly if it is in a residential area (where zoning laws tend to be most restrictive), you are likely to confront one zoning law issue or another. Of course, having read this article, you should now be aware that you have rights when it comes to contesting a zoning law as applied to you. While such contests do not always come out on the side of the landowner, the guidance of a reliable Floral Park, New York real estate attorney will greatly improve one's chances.