Chapter 22

Georgia Real Estate An Introduction to the Profession Eighth Edition Chapter 22 Land-Use Control

Key Terms building codes certificate of occupancy downzoning land-use control master plan nonconforming use restrictive covenants variance zoning laws © 2015 OnCourse Learning

Overview Land-use control describes any legal restriction that controls how a parcel of land may be used. There are public controls and private controls. © 2015 OnCourse Learning

Overview Public controls include zoning, building codes, subdivision, regulations and master plans. Private controls are deed restrictions. © 2015 OnCourse Learning

Zoning Zoning laws divide land into zones and regulate the purpose for which buildings may be constructed, the height of the buildings, the area of the lot and the number of people they can accommodate. © 2015 OnCourse Learning

Zoning Zoning can also control development so that each parcel of land will be adequately serviced by streets, sewers, schools, parks and utilities. © 2015 OnCourse Learning

Zoning The authority to control land use is derived from police power to protect the public health, safety and general welfare of its citizens. © 2015 OnCourse Learning

Land-Use Restrictions The zoning ordinance imposes additional rules for low-density, setback requirements, limits on building heights and restricts the kinds of animals that may be kept on the property. Zoning encourages uniformity. © 2015 OnCourse Learning

Enforcement In order to build, a person must obtain a building permit from the city or county. If a landowner builds without a permit, the owner can be forced to tear down the building. © 2015 OnCourse Learning

Nonconforming Use When an existing structure does not conform to a new zoning law, it is grandfathered in as a nonconforming use. © 2015 OnCourse Learning

Nonconforming Use The owner is not permitted to remodel the building or extend its life. When the structure is destroyed or demolished, any new use of the land must be in accordance with the zoning law. © 2015 OnCourse Learning

Amendment A zoning ordinance can be changed by amendment. A public hearing must be held so that property owners and the public may voice their opinions. © 2015 OnCourse Learning

Variance A variance allows an individual landowner to deviate from current zoning requirements. Variances are usually granted where strict adherence with the zoning ordinance or code would cause undue hardship. © 2015 OnCourse Learning

Conditional-Use Permit A conditional-use permit allows a land use that does not conform to existing zoning, provided the use is within the limitations that are specifically imposed by the city ordinance. © 2015 OnCourse Learning

Spot Zoning Spot zoning refers to the rezoning of a small area of land in an existing neighborhood. © 2015 OnCourse Learning

Downzoning Downzoning means that land previously zoned for higher-density uses is rezoned for lower-density uses. © 2015 OnCourse Learning

Taking Taking is also known as inverse condemnation. The municipality regulates the property to where it has no value. © 2015 OnCourse Learning

Buffer Zone A buffer zone is a strip of land that separates one land use from another. It is not necessarily a zoning law category. © 2015 OnCourse Learning

Legality, Value A zoning law can be changed or struck down if it can be proved in court that it is unclear, discriminatory or unreasonable. Value is created by the number of people who want to use a particular parcel of lance for a specific purpose. © 2015 OnCourse Learning

Subdivision Regulations A developer must comply with government regulations regarding street construction, curbs, sidewalks, street lighting, fire hydrants, sewers, water and utility lines, minimum lot size and so on. © 2015 OnCourse Learning

Building Codes Building codes establish minimum acceptable material and construction standards. © 2015 OnCourse Learning

Building Codes When the building is completed, a certificate of occupancy is issued to the building owner to show that the structure meets code. Without the certificate, the building cannot be legally occupied. © 2015 OnCourse Learning

Deed Restrictions Private land-use controls take the form of deed and lease restrictions. © 2015 OnCourse Learning

Deed Restrictions Ownership of land includes the right to sell or lease it on whatever legally acceptable conditions the owner wishes. © 2015 OnCourse Learning

Deed Restrictions Deed restrictions, also known as restrictive covenants, cannot be used to discriminate on the basis of race, color, religion, sex, or national origin. © 2015 OnCourse Learning

Planning Ahead for Development Uncoordinated land use can have a negative impact on the quality of life and the economic vitality of a community. Master plans guide the development of towns and cities, districts, and even whole states. © 2015 OnCourse Learning

Master Plan A planning commission is formed to create a master plan. © 2015 OnCourse Learning

Master Plan The master plan uses existing patterns of transportation and land use and directs growth to achieve balanced development. © 2015 OnCourse Learning

Master Plan The master plan guides those who must make day- to-day decisions regarding zoning changes and gives the individual property owner a long-range idea of what property may be used for in the future. © 2015 OnCourse Learning

Long-Run Continuity A master plan should look at least 15 years into the future, preferably 25 years or more. © 2015 OnCourse Learning

Long-Run Continuity The plan must provide for a balance between the economic and social functions of the community. © 2015 OnCourse Learning