Zoning Planning & Land Use Law in New York

In Little Falls, 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 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 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."

Local governments have various different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to safeguarding property values. For instance, 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 done in residential areas.

Possible Outcomes of Boundary and Title Disputes in Little Falls, New York

You have quite a few options if you find that a planned or prevailing use of your property breaks Little Falls, New York's zoning regulations.

It should be obvious 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, just fixing a zoning violation isn't always affordable or easy, and may interfere with your planned use of your property. For instance, 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 Little Falls, 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 very minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.

Moreover, if you have been residing 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 prevailing 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 Little Falls, New York Attorney Do?

If you find yourself facing zoning or other land use issues, it's critical to have good legal advice. A reputable Little Falls, 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.