Some of our clients have inquired how they should proceed if they suspect that they have a zoning issue. A problem typically will arise because a client;
- has received a notification from their Town or Village;
- wants to sell property; or
- has recently inherited property.
In all cases, the first required action will be to assemble all pertinent records regarding the property. All certificates of occupancy, certificates of compliance, and/or letters in lieu must be examined.
If there is a survey, that should be compared to the deed and the title report as well as to the municipal approvals.
Counsel will have to determine if the property has the documentation necessary to establish that the footprint of the structure (and in some cases the floor area coverage and/or lot area coverage), as it exists, is in compliance with the zoning code.
As a result of the analysis, further records may have to be ordered from the Town or Village Hall, or the County Health Department, and boundary line agreements may have to be entered into with neighbors. Additionally, zoning applications may have to be filed to allow the continuation of various structures and/or uses.
Gathering the records, analyzing the compliance with municipal and other requirements will ultimately assist in establishing compliance with applicable codes and facilitate an easier transfer of ownership of the property.
Our firm would welcome the opportunity to assist you in establishing municipal compliance and readying your home for sale, or conversely assisting your purchasing of a new home.