Zoning Planning & Land Use Law in New York

In Roosevelt, 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."

Local governments have several 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 don't exist just to protect residential use - it also protects people who engage in other types of use of land, by making sure that they are able to do their business, without bothering neighboring landowners, and thereby avoiding legal disputes.

Possible Outcomes of Boundary and Title Disputes in Roosevelt, New York

Suppose you find that some condition on your land is in violation of Roosevelt, New York's zoning laws. In cases like this, you have quite a few options.

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.

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 Roosevelt, 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.

Also, if the zoning laws covering your property have changed, and some aspect of it is now violating the new rules, these changes can generally not be enforced against you, because it would be unfair to apply a new law retroactively.

What Can A Roosevelt, New York 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 Roosevelt, New York real estate attorney to help.