Zoning Planning & Land Use Law in Pennsylvania
Kittanning, 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.
Local governments have many 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 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 avoiding legal disputes.
Possible Outcomes of Boundary and Title Disputes in Kittanning, Pennsylvania
Suppose you find that some condition on your land is in violation of Kittanning, Pennsylvania'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 substantial, 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 inexpensive or easy, and may interfere with your planned use of your property. For example, you might have just undertaken a substantial remodeling of your home, and later found out that some small part of it technically doesn't conform to Kittanning, Pennsylvania'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 quite minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.
Additionally, if the zoning laws covering your property have changed, and some aspect of it is now violating the new rules, these changes can usually not be enforced against you, because it would be unfair to apply a new law retroactively.
What Can A Kittanning, Pennsylvania 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 Kittanning, Pennsylvania 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.