Zoning Planning & Land Use Law in New York

In Seneca Falls, 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 extremely accessible to laypersons. This article should serve as a good overview of these laws.

Municipal governments which practice zoning usually follow a similar scheme: the town or city is divided up into "zones," or areas in which particular types of use are permitted. For example, the downtown area might be zoned for commercial and office use, and perhaps for large, multi-unit apartment buildings. The surrounding areas will usually be zoned for residential and small-scale commercial use, and the outskirts zoned for manufacturing and other heavy industry.

The purpose of zoning is to preserve property values, and make towns and cities more livable. For example, without zoning laws, a company might be able to buy a vacant lot next to your house and construct a noisy, smelly, dirty factory on it.

On the other hand, zoning laws recognize and attempt to accommodate the necessity of factories and other industrial activities. They simply seek to ensure that such activities are done in a way that they don't conflict with the rights of adjacent landowners to use and enjoy their property in peace.

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

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

It should be clear, however, that the ideal solution is to simply fix any condition on your property which is in violation of a local zoning law. If the violation is not serious, and correcting it won't substantially interfere with your use of your property, this is probably the best course of action.

However, it isn't always practical or affordable to correct a minor violation of a zoning law. For example, suppose you have just spent a large amount of money and effort remodeling a house to turn it into your dream home. You thought you were in total compliance with local zoning laws when you did this, but find out that there is some small, technical violation of Seneca Falls, New York's zoning laws. In these cases, you have recourse in the form of a variance. You are entitled to petition the local zoning board to grant you a variance, which is an official decision not to apply a particular provision of a zoning law to a single violation. These aren't always granted, but typically have to be granted if the violation doesn't interfere with anyone else's use of their property, and doesn't thwart the purposes of local zoning laws.

Additionally, if you have been living 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 current 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 Seneca Falls, New York Attorney Do?

If you find yourself facing zoning or other land use issues, it's crucial to have good legal advice. A brilliant Seneca 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.