Best Land Use & Zoning Lawyers in Albany

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Lippes Mathias LLP

Lippes Mathias LLP

Albany, United States

Founded in 1965
177 people in their team
Lippes Mathias LLP is a full-service law firm with more than 135 attorneys serving clients regionally, nationally, and internationally. With offices...
English

About Land Use & Zoning Law in Albany, United States

Land use and zoning law governs the development and use of real estate properties in Albany, United States. Land use refers to how properties in specific geographic zones can be utilized, for example: residential, commercial, industrial or recreational purposes. Zoning laws play an important role in structuring our communities, by segregating different land uses and regulating the kinds of structures that can be built, their location, lot sizes, parking requirements, building heights and densities.

Why You May Need a Lawyer

In many occasions, individuals, businesses, or builders may want to use land in a way that is restricted by zoning laws, requiring the services of a lawyer. You may also need an attorney if you are experiencing issues with permits or facing a legal dispute related to land use. Professionals with knowledge in this field can guide you through complex legal procedures, such as Variances, Conditional-Use Permits, Re-zoning, Ordinance Amendments, etc., and can defend your case if your land development and usage plans face objections from neighbors or local bodies.

Local Laws Overview

In Albany, local zoning laws are guided by the City's Comprehensive Plan and abide by the city's zoning ordinance – the Albany Unified Sustainable Development Ordinance (USDO). The USDO includes several zoning districts and overlays, which define allowable land uses and building requirements. Variances are often required to diverge from the standard regulations, and these decisions are made by the Board of Zoning Appeals. Significant changes in land use or new developments are also subject to environmental review as per the State Environmental Quality Review Act (SEQRA).

Frequently Asked Questions

1. How do I find out how my property is zoned in Albany?

The zoning of your property can be found on the City of Albany's online zoning map, accessible through the city's official website.

2. Do I need a permit for a home business in Albany?

In most cases, yes. A home occupation permit is often required for running a business from your home, subject to compliance with specific provisions of the USDO.

3. Can I object to a zoning decision?

Yes. You have the right to appeal any decision made by the zoning department, and additionally, you may also challenge ordinances and amendments enacted by the City Council.

4. How can I get a variance for my property?

You need to apply to the Albany's Board of Zoning Appeals for a variance, demonstrating that enforcement of the zoning ordinance would result in unnecessary hardship.

5. Can I change the zoning district of my property?

Yes, although it's a complicated process. A rezoning application needs to be filed, and it must be approved by the City Council after review and recommendation by the Planning Commission.

Additional Resources

For understanding local codes and ordinances, consult Albany's Unified Sustainable Development Ordinance. Additional resources include the Albany City Clerk's Office and the Albany Planning & Development Services. Useful online resources include American Planning Association and Land Use Law Center's websites. Albany Law School also provides legal expertise and assistance on Environmental and Land Use Law aspects.

Next Steps

Should you need legal assistance concerning land use and zoning in Albany, first step is to contact a lawyer with expertise in this field. They can offer advice tailored to your situation, guide you through needed processes, represent you in disputes and public hearings, and help you navigate Albany's zoning laws to fulfill your land use goals. Always ensure their services align with your precise needs before hiring.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.