Lobbying Affiliate: MML&K Government Solutions
{ Banner Image }

Real Estate Law Blog

Make sure you're on solid ground before you break it.

Contact Us

* Indicates a required field.

Categories

McBrayer Blogs

Showing 14 posts in Planning and Zoning.

Planning and Zoning: 3 Things to Look for When Purchasing Property

Posted In Planning and Zoning, Real Estate Law

The conventional wisdom is that real property is a solid investment – after all, they aren’t making any more of it, and it’s often billed as “one of a kind.” Of course, just because the wisdom is conventional doesn’t mean it’s correct. In reality, there are a multitude of considerations that potential real property purchasers should take into account, and a careful review of these will generally result in sounder investment decisions. The condition of any buildings, access to the property and environmental assessments all should be factors in the purchase decision, but there are additional issues from a land use planning perspective that will impact whether an investment in real estate will pay off in the long run. More >

City planning board votes “no” to garbage transfer station on Lisle Industrial

Posted In Land Use Law, Planning and Zoning

BY BETH MUSGRAVE

Lexington Herald-Leader

April 26, 2016

A Lexington planning body rejected a bid by Republic Services to put a garbage transfer station on an 8-acre site on Lisle Industrial Avenue after a more than three-hour hearing.

The Board of Adjustment voted unanimously Friday after hearing testimony from Republic Services of Kentucky officials and a dozen neighbors who opposed the transfer station. Republic Services requested a conditional use permit to put the transfer station at 203 and 205 Lisle Industrial Avenue, which is zoned heavy industrial. The site was previously used by Wise Recycling. More >

A Primer on “Safe by Design” Land Use Planning

Posted In Land Use Law, Planning and Zoning

One of the more interesting facets of land use planning is its ability to impact our lives in a multitude of ways. We can intuitively understand and grasp the concepts of keeping certain types of land use apart – the landfill and the residential neighborhood, for example. These are facially obvious ideas, even if they can still generate controversy from time to time. What is not so obvious, however, is how and where land use planning can impact us in more subtle ways, especially with regard to public health and safety. More >

Non-Conforming Uses

Posted In Land Use Law, Planning and Zoning

In its most basic form, a nonconforming use is the use of a property which is no longer a permitted use under current zoning regulations but was permitted under prior zoning (or, in some cases, before there was zoning). In effect, a prior permitted use is grandfathered in despite the current zoning status. For instance, imagine the neighborhood where you run a business is rezoned as a residential area. Does this mean you have to shut your doors? No. Non-conforming uses play a key role in real estate development as a creative solution to promote urban infill through reuse of existing properties, as it may allow a use that is not otherwise permissible More >

Use of Restrictive Covenants in the Zoning Process

Posted In Planning and Zoning, Zoning Regulations

Zoning categories and the uses that are allowable in each of them are subject to the possibility of amendment by the legislative body. This means that a property can apply to the planning authority to change his zoning designation or to add uses within that designation that are otherwise prohibited. However, many citizens incorrectly believe that zoning designations are permanent and that uses within each zoning category never change. When a neighboring property owner files to rezone property, asking to amend the zoning ordinance to add a new use to a particular category that is prohibited, the neighbors become alarmed at the potential change to their area. Although neighboring property owners have a right to attend hearings and object to the proposed changes, they have no final say or authority as to whether the governmental body approves it. This can lead to zoning battles. More >

Where the First Amendment and Land Use Meet: Planet Aid v. City of St. Johns

Posted In Land Use Law, Planning and Zoning, Zoning Regulations

Generally speaking, land use regulations and zoning laws arise from practical and aesthetic concerns and considerations, and are driven by state and local law. However, sometimes a community’s desire to regulate a seemingly minor issue can implicate our most fundamental rights under the Constitution. Last month, we discussed the Supreme Court’s decision in Reed v. Town of Gilbert, which involved an analysis of the First Amendment’s applicability to local sign ordinances. Finding that restricting signage based on the content of the sign was impermissible under the First Amendment, the Supreme Court struck down Gilbert’s ordinance. Commentators have since described this as the “sleeper case” of the Supreme Court’s term, representing a substantial shift in First Amendment jurisprudence. The case has since been used to justify striking down local and state bans on political “robocalls” and panhandling, and could possibly extend to call in to question laws aimed at consumer protection and securities law. Indeed, Reed and the reaches of the First Amendment are currently in the forefront of controversies involving everything from soda labelling, to the rights of topless performers operating in Times Square. More >

Inverse Condemnation

Posted In Condemnation, Planning and Zoning, Zoning Regulations

Inverse condemnation is a far more complex subject than it may seem at the outset. While condemnation proceedings are initiated by the government to acquire property and pay the owner just compensation, the general rule regarding inverse condemnation is that the owner of the property, and not a government entity, seeks to recover damages for a loss in value of the property as a result of governmental action. There are several avenues from which this type of action can arise, as there are multiple ways property can be affected by government activity. Rather than there being a cut and dried standard for what inverse condemnation looks like, each case involving it arises is based on a set of unique factual circumstances. More >

Infill and Adaptive Reuse – Is It Right For My Project?

Posted In Planning and Zoning

Fewer words in the context of land use planning come with as negative a connotation as “sprawl.” There’s a good reason for this, as the term denotes a move outwards from the heart of a city, pushing communities further apart into low density suburbs while the core of the area falls into decay. Sprawl has been cited as the cause for everything from environmental damage to community segregation, with inherently negative consequences for cities that fail to plan for sustainable growth. To combat sprawl, however, communities have turned to creative and innovative revitalization efforts such as infill and adaptive reuse as a way to slow the outward push and revitalize existing residential, commercial and even industrial spaces. More >

Subdividing Land

Posted In Planning and Zoning

When we think of subdivisions, we generally think of large housing estates with a house on each lot, but technically the subdivision of land means the creation of saleable lots by splitting a tract into smaller parcels. In communities that have adopted land use regulations, the subdivision of property is typically handled by submitting a subdivision plat to the planning commission in the jurisdiction where the property is located. The subdivision of land is considered a ministerial matter. This means that if the proposal meets the minimum requirements of the zone in which it is located, the planning commission must approve it. Unlike rezoning of property, which requires notice to surrounding property owners and a full due process hearing, a subdivision plat does not trigger notice and hearing procedures. Typically all that is required is submission of a subdivision plat that meets the minimum requirements set out in the zoning ordinance and land subdivision regulations as well as the payment of a processing fee. Under Kentucky law, the planning jurisdiction has the power to assign the review and approval of subdivision plats to a staff person. After a plat is approved, it is recorded in the county clerks’ office. A recorded subdivision plat creates the new lots. No new lot can be sold until after the subdivision plat is recorded. More >

The Rise of Agritourism & Important Considerations

Posted In Agritourism, Planning and Zoning, Rural Areas, Zoning Regulations

Agritourism is becoming an increasingly popular way for rural property owners to earn additional income from agricultural properties.   In additional to more traditional farm tours and seasonal activities such as hay rides, corn mazes and u-pick fruits, farm owners are devising new ways to bring people to their door by offering more entertainment-oriented activities. Some farmers are offering their barns as venues for weddings, parties, dances and other special events.  Others are opening their homes to visitors for vacations so guests can experience life on a working farm by helping out with routine farm chores such as feeding or herding the livestock, milking the animals, making cheese, collecting eggs, picking vegetables and preparing farm fresh meals.   This may sound simple and easy to accomplish but often those who want to offer agritourism activities on their rural properties are blindsided when they run in to unanticipated difficulties with regulatory authorities over building code, fire code or zoning issues. More >

Ashland, KYLexington, KYLouisville, KYFrankfort, KY: MML&KFrankfort, KY LawGreenup, KYWashington, D.C.