Expert: Hans Weber, Licensed Broker Associate - 4/17/2005

Question
Hans

Thank you so much for getting back to me, I have one last question, when
someone builds a Barn, do the Neighbors need to know about it before hand.
I always thought the town notified the neighbors when something was
going to be constructed ?

What are the laws on this -

Thanks

Ken


Question -
Hans

Hi, I truly need your help, how do I locate the zoning laws. I have a neighbor who has horses and
they stink, smell, walk on my grass and destroy it. I know they can have horses but they are a problem. Who do I see in my town hall, what rights to I have and how should I handle this
legally.

Thank you

Ken


Answer -
Hi Ken,

You have the right idea!  Go to your municipal town hall and check with the building department or the assessor's office and they can give you a copy of the subject's property card and also tell you what the permitted uses are for property in the area you live in.

In my county horses are permitted subject to various regulations dependent on the county and local restrictions and guidelines which vary from one town to another.  So check with your town for their specifics.  

Also, in some cases the property and its uses may be grandfathered, not within the current code, but existing before the code was established.

Hope this helps you.

Hans

Answer
Hi Ken,

Thanks for rhe questions.

As far as I know as long as one is building something according to current code that does not need a variance then only a building permit is needed from the building department.  

If someone wants to add on to their home or build something that does not meet exisiting code standards then the person must apply for a variance before the building permit can be issued.  The variance requires notification of a specified number of neighbors among other things for approval.

An individual could, and many do, build things that need a variance without going through the correct process.  This could result in some demolition.

Again, check with your building department and check to see that your neighbor has all the permits and certificates of occupancy according to code.

Good luck,

Hans