Zoning laws are an important but often easy to forget aspect of real estate law, which can nevertheless have a substantial impact on any real estate deal. If you are not careful, you could face significant legal and financial hurdles due to local zoning regulations. Here are five zoning problems that could negatively impact your real estate deal:
- Nonconforming use
- Zoning regulations set out how a building may be used, with common delineations setting out properties for residential, commercial, or industrial use. However, these regulations may change over time, causing a building to be used in a way that it is no longer zoned for. This is known as nonconforming use, and it is a major reason for disputes over zoning laws.
- Setback rules
- Zoning regulations also tend to include “setback rules,” which determine how much space must be left between the building and the property line. These rules can limit the ability of property owners to expand or renovate their buildings, if those renovations would cause the building to come too close to a property’s boundaries. Keeping these rules in mind is therefore essential for any plans for renovating or developing a property.
- Land use regulations
- Zoning laws can further restrict how a property can be used, with one common restriction being a limit on whether a property may be used for single-family or multi-family use. Certain buildings may also allow “mixed-use” between residential and commercial buildings, but this is far from universal. You therefore need to be careful to ensure you do not violate land use restrictions, or potentially face significant legal issues.
- Environmental restrictions
- Federal, state, and local laws can all potentially impose environmental restrictions on how a property may be used. The closer the building is to environmentally protected land or waterways, the more stringent these requirements tend to be. If your plans for your real estate may run afoul of these environmental laws, you may face significant burdens when it comes to buying or developing your property.
- Variances
- Many local authorities will be willing to grant exceptions to zoning laws under certain conditions. These exceptions are known as variances, and can result in legal issues with both local authorities and neighboring properties. That is why you should speak to a lawyer with experience handling real estate issues, who can help you navigate the thorny problems that may arise from zoning disputes.
At David J. Lorber & Associates, PLLC, we assist clients throughout New York who are looking to buy or sell real estate. We will guide you through the process and help you minimize your legal and financial risks. Call us at (631) 750-0900 or contact us online to schedule your Free consultation at our Setauket office.
Recent Comments