Single and Separate Exemptions For Substandard Heaps | Farrell Fritz, P.C. – JDSupra – JD Supra

Zoning codes are continuously evolving in response to perceived or actual threats of overdevelopment.  Usually, a municipality could within the cheap train of its police energy, amend its zoning code to be extra restrictive within the bulk space necessities required for growth of a parcel.  Often called a “merger provision” when a landowner purchases an adjoining substandard parcel of land, the heaps merge with the present property by operation of the native zoning ordinance.
The “single and separate” doctrine, nevertheless, could present exemptions from subsequent extra restrictive zoning ordinances.  Generally known as “checker boarding,” a landowner who owns property “single and separate” from one other adjoining parcel might be able to protect a developable lot regardless of a zoning code modification prohibiting such growth. However that is provided that the municipality desires to increase such an exemption.
As said by the Court docket of Appeals in Matter of Khan v Zoning Board of Appeals of Vil. of Irvington. 87 NY2d 344[1996], “there isn’t any want for a common-law rule to guard landowners who possess parcels in ‘single and separate’ possession conditions,” and the Court docket of Appeals has declined to undertake such a rule.  The Court docket concluded that for the reason that landowner’s property rights are protected by the provision of space variances, there isn’t any must overrule the municipality’s legislative zoning authority by making a common-law proper that routinely vests property homeowners with an exemption from space variances.
Consequently, a municipality could present this aid to exempt the homeowners of substandard parcels by making a zoning exemption for properties which can be held in single and separate possession.  These exemptions are a part of most zoning codes and serve an vital objective.  As  said by the Court docket of Appeals in DeTroia v Schweitzer, 87 NY 2nd 338 [1996], the aim of a single and separate possession exemption clause to a zoning code is to guard long-term property homeowners from amendments that render their beforehand conforming property ineffective, and thus stopping the extra restrictive zoning ordinance from having a doable unconstitutional confiscatory impact.
Case legislation additionally clearly holds that generally owned parcels will merge and never be thought-about “single and separate” for zoning functions if: (1) they have been used at the side of one another and (2) materially improve the worth and utility of one another.  Matter of Barretto v Zoning Board of Appeals of Inc. Vil. Bayville, 1234 AD2d 692 [2 Dept 1986].
This is the reason savvy property homeowners preserve properties in separate possession.[View source.]See extra »
DISCLAIMER: Due to the generality of this replace, the knowledge supplied herein is probably not relevant in all conditions and shouldn’t be acted upon with out particular authorized recommendation based mostly on explicit conditions.
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