Zoning Planning & Land Use Law in New York
In Woodbury, 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.
Zoning laws don't exist just to protect residential use - it also protects individuals 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 Woodbury, New York
Zoning laws are commonly quite extensive and meticulous, and it's extremely possible that your property in Woodbury, New York contains some minor zoning violation that you don't know about. If this happens to you, you have considerable legal protections.
It should be evident that the first option you should consider is to correct the violation. If doing this wouldn't cost you very much, or pose a massive inconvenience, you should obviously do this.
What if, however, you've invested a considerable amount of time and money into making an improvement on your property, only to find that it violates your local zoning laws in some minor way? In this case, you can apply for a variance. This is basically an exception to the zoning rules. If declining to enforce these rules would not harm anyone, and would not do much to advance the purpose of Woodbury, New York's zoning laws, a variance will normally be granted.
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 Woodbury, New York Attorney Do?
If you are in the process of physically altering your property, you are almost certain to face some contentions having to do with local zoning laws. If you find that zoning laws are making it very hard to use your property as you see fit, you may have legal recourse, normally in the form of a variance. Of course, your chances of success in any zoning dispute will be immeasurably increased if you have the help of a qualified Woodbury, New York attorney.