Zoning Planning & Land Use Law in New York
In Fredonia, 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 extremely accessible to laypersons. This article should serve as a good overview of these laws.
Localities usually 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 many 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 substantially.
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 Fredonia, New York
If a condition on your property breaks the local zoning laws of Fredonia, 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 considerable, and fixing it wouldn't cost very much, this is likely the best and simplest option.
Of course, just fixing a zoning violation isn't always modest or easy, and may interfere with your planned use of your property. For instance, you might have just undertaken a considerable remodeling of your home, and later found out that some small part of it technically doesn't conform to Fredonia, New York'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 extremely 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. Typically, 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 Fredonia, New York Attorney Do?
If you suddenly become involved in a zoning dispute with your local government, it's necessary to seek competent legal representation. The counsel of an accomplished Fredonia, New York real estate attorney can make it much easier for you to act within the law to use your own property as you wish, or at least be as free as possible to make improvements to your land.