Zoning Planning & Land Use Law in New York

In West Hempstead, 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.

Municipal governments which practice zoning normally follow a similar scheme: the town or city is divided up into "zones," or areas in which particular types of use are permitted. For instance, the downtown area might be zoned for commercial and office use, and perhaps for large, multi-unit apartment buildings. The surrounding areas will normally 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 instance, without zoning laws, a company might be able to purchase a vacant lot next to your house and create a noisy, smelly, dirty factory on it.

Zoning laws don't exist just to protect residential use - it also protects persons 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 preventing legal disputes.

Possible Outcomes of Boundary and Title Disputes in West Hempstead, New York

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

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 West Hempstead, 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.

Moreover, zoning ordinances cannot be applied against you retroactively. For instance, suppose you built a 3-story house on your property, and your property was zoned to allow 3-story houses to be built at the time of construction. And then, years later, the area you reside in is re-zoned, to only allow 2-story houses. Can the local government force you to remove a whole level of your house? Of course not. Applying a law retroactively is unconstitutional. On the other hand, any future changes you want to make to your property will have to comply with the applicable zoning ordinance as it is currently written.

What Can A West Hempstead, New York Attorney Do?

If you suddenly become involved in a zoning dispute with your local government, it's imperative to seek competent legal representation. The counsel of an efficient West Hempstead, 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.