©OnCourse Learning. All Rights Reserved.

Land-Use Control ©OnCourse Learning. All Rights Reserved. Chapter 23

©OnCourse Learning. All Rights Reserved. In This Chapter You will be introduced to legal restrictions that control how a parcel of land may be used.

Zoning Regulates the purpose for which buildings may be constructed along with its height and bulk. Establish lot area requirements. Number of parking spaces. Number of persons that can be accommodated. ©OnCourse Learning. All Rights Reserved.

Nonconforming Use When an existing structure does not conform with a new zoning law, it is “grandfathered-in’’ as a nonconforming use. ©OnCourse Learning. All Rights Reserved.

Common Zoning Symbols R – residential C – commercial I – industrial A – agriculture M – manufacturing R-1 – Residential PUD – Planed use development ©OnCourse Learning. All Rights Reserved.

Land-Use Restrictions Enforcement of Zoning Laws Nonconforming use Zoning changes Variances Conditional-Use permit Spot zoning ©OnCourse Learning. All Rights Reserved.

Land-Use Restrictions Downzoning Taking Buffer zone Subdivision regulations Building codes Deed restrictions ©OnCourse Learning. All Rights Reserved.

Building Codes Minimum acceptable materials and construction standards needed to protect public health and safety. Includes standards for structural load and stress, windows & ventilation, size & location of rooms, fire protection, exits, plumbing, heating, lighting, and more! ©OnCourse Learning. All Rights Reserved.

Deed Restrictions Restrictions on land use that a owner places in the deed to control future development. Also known as restrictive covenants. ©OnCourse Learning. All Rights Reserved.

HOA Foreclosures The property owners’ association must record a management certificate providing subdivision recording data and the name and mailing address of the property owners’ association. Association must make all of the books and records of the association available, including financial records, to an owner in accordance with the Texas Non-Profit Corporation Act The association or its agent must give written notice to the owner by certified mail, return Receipt requested. ©OnCourse Learning. All Rights Reserved.

HOA Foreclosures The deed restrictions generally allow HOAs to collect fees to fund their ability to enforce the restrictions. If you don’t pay, the HOA can foreclose on the homeowner. Texas Residential Property Owners Protection Act ©OnCourse Learning. All Rights Reserved.

HOA Foreclosure Facts Texas Residential Property Owners Protection Act Limits attorney fees Limits foreclosure for fines & attorney fees Right to redeem property within 30 days ©OnCourse Learning. All Rights Reserved.

Environmental Impact Study Used to determine the effect of a proposed project on the total environment. Includes:  Probable impact on area.  Adverse environmental effects.  Alternatives to proposed project.  Listing of irreversible commitment of resources if project is implemented. ©OnCourse Learning. All Rights Reserved.

Environmental Laws The Comprehensive Environmental Response, Compensation, and Liability Act Wetlands Environmental site assessments Federal statutes have been passed affecting asbestos, radon gas, lead-based paint, endangered species, and underground storage tanks. ©OnCourse Learning. All Rights Reserved.

Key Terms Building codes Certificate of occupancy Downzoning Environmental impact statement Land-use control Nonconforming use Restrictive covenants Variance Zoning ©OnCourse Learning. All Rights Reserved.