Zoning Planning & Land Use Law in Pennsylvania
Butler, Pennsylvania has laws which regulate how individual parcels of land can be used, and how they cannot. These rules aren't always simple, and this article should serve as an introduction to some of the most prevalent issues that homeowners might face, though it is not meant to turn a layperson into an expert.
"Zoning" refers to a set of laws and regulations which state what use can be made of land in different parts of a city or county. Usually, localities are divided up into "zones," which are designated for specific categories of use, such as single-family residence, business, manufacturing, etc.
There are various different reasons that cities might engage in zoning - but it is typically designed around making cities more livable, by preventing conflicting uses from clashing with one another. After all, few people would want to live in a house next to a vacant lot, if there is a chance that somebody could decide to build a pig farm next door. The security provided by zoning laws helps uphold property values
While zoning laws appear to be geared just toward protecting residents, they also protect industry, by ensuring that they are free to conduct their business without getting caught up in the various legal disputes that would be inevitable if they were closer to a residential area.
Possible Outcomes of Boundary and Title Disputes in Butler, Pennsylvania
Zoning laws are frequently quite extensive and meticulous, and it's quite possible that your property in Butler, Pennsylvania contains some minor zoning violation that you don't know about. If this happens to you, you have substantial legal protections.
Initially, and perhaps most apparently, you can correct the violation. If the violation is comparatively minor, and correcting it would not cost you much or be a substantial burden, this might be the best way to go.
However, it isn't always practical or affordable to correct a minor violation of a zoning law. For instance, 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 Butler, Pennsylvania'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 certain provision of a zoning law to a single violation. These aren't always granted, but usually 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.
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 Butler, Pennsylvania Attorney Do?
If you are in the early stages of a major construction or remodeling project on your property, particularly if it is in a residential area (where zoning laws tend to be most restrictive), you are likely to confront one zoning law issue or another. Of course, having read this article, you should now be aware that you have rights when it comes to contesting a zoning law as applied to you. While such contests do not always come out on the side of the landowner, the guidance of a reliable Butler, Pennsylvania real estate attorney will greatly improve one's chances.