Unit 6 Real Estate Land Use Controls
Zoning ordinances must not violate the rights of property owners
(as provided under the due-process provisions of the 14th Amendment to the Constitution) or the various provisions of the North Carolina State Constitution.
Approval must be granted by the proper county agency
(usually a planning board) before recordation can take place.
There are few exceptions to the definition of subdivision; the following 2 types of parcels are not considered subdivisions:
-a division of land if each parcel has more than 10 acres with no street right-of-way dedication -division of land no larger than 2 acres into no more than 3 lots with no street right-of-way dedication involved, when the parcel is owned by a single entity.
Subdivision Regulations
-land is divided into two or more lots -cities and counties implement subdivision regulations -planning boards have administrative responsibilities -subdivision must have preliminary plat approval before selling lots -final plat must be recorded prior to closing -subdivision must comply with street disclosure laws -protective covenants are enforceable.
Zoning Regulates and Affects
-permitted use of each parcel of land-lot sizes- types of structures- building heights- setbacks-style and appearance of structures-density-protection of natural resources.
Validity of Ordinances Tests
-power be exercised in a reasonable manner -provisions be clear and specific -ordinance be free from discrimination -ordinance promote public health, safety, and general welfare under the police power concept -ordinance apply to all property in a similar manner.
Some factors considered by NC courts when determining the legality of spot zoning include;
-size of the rezoned area -degree of compatibility of the different zoning with government's adopted plans for the area -impact of the rezoning on the landowner's, neighboring landowners and the surrounding community -degree of difference between the zoning of the surrounding area and the new zoning for the tract/s in question.
Interstate Land Sales Full Disclosure Act of 1968 provides a number of exemptions: it does not apply
-to subdivisions consisting of fewer than 25 lots -to those in which each lot is 20 acres or more -lots offered for sale solely to developers -lots on which buildings exists -where a seller is obligated to construct a building within 2 years.
Subdivision Streets Disclosure Law
A developer of most new subdivisions must have streets approved, Based on construction standards set by the (NC DOT) North Carolina Department of Transportation, this does not mean that the NC DOT has assumed responsibility for maintenance of the streets.
A broker who closes a sale on a lot before final approval of the subdivision is granted and recorded may be subject to a civil lawsuit or may be criminally prosecuted as well as face disciplinary action by the NC REC.
Because of any material changes from the preliminary to the final plat map, and there is no legal description of the land so title can not be conveyed.
In 1968, to protect consumers from fraudulent and "overenthusiastic" sales promotions in interstate land sales,
Congress passed the Interstate Land Sales Full Disclosure Act.
A tire company has a manufacturing plant located in an area that has just been rezoned for residential use. The Company is allowed to continue operating the plant under the new zoning classification.
If the plant is destroyed by fire, the tire company may not be allowed to rebuild the plant in the neighborhood, without obtaining a zoning variance.
Under an existing ordinance, no building antenna may extend more than 3 ft. above the highest point of the roof. An owner wants to erect a 9 ft high antenna on the roof of his home.
In order to legally do this the owner must be successful in obtaining a variance.
The subdivider's completed plat of subdivision, a map of the development indicating the location and boundaries of individual properties, must contain all necessary approvals of public officials and must be recorded in the county where the land is located.
Once the plat is recorded, each lot then has a legal description that is used to convey the property.
before the client signs an offer to purchase/lease.
Proper disclosure of zoning and protective covenants should be routinely be made
are usually provided by the developer.
Streets, curbs, and sidewalks in a new subdivision
Provisions in a deed conveying a fee simple estate with restrictions on the grantee's right to sell, mortgage, or convey it are void.
Such restrictions attempt to limit the basic principle of the free alienation (transfer) of property; the courts consider them against public policy and therefore, unenforceable.
The owner constructed a building that is 6 stories high. Several years later the municipality changed the zoning ordinance, prohibiting buildings that exceed 5 stories in height.
The building is now categorized as a nonconforming use.
A businesswoman buys tracts of land, makes improvements to the land such as utilities and roads, and constructs buildings. The businesswoman,s improved lots are then sold to the general public.
The businesswoman is engaged in the real estate business as a developer.
An investor is in the business of buying large tracts of land, carving them into small tracts, and then reselling them.
The investor is engaging in the real estate business as a subdivider.
A gas station has operated at the edge of town for 20 years. Pursuant to a new comprehensive plan, the city rezones the land as residential. What is most likely to happen?
The station can continue to operate as long as the building is not enlarged.
Spot Zoning
When a particular property or group of properties is rezoned to permit a use different from the neighboring properties' use.
Which are statements about zoning
Zoning is local in nature. Some municipalities have the power to regulate land use outside their corporate limits in extraterritorial jurisdiction areas. building permits help ensure compliance with zoning requirements.
(CO) Certificate of Occupancy
a certificate issued by a government authority stating that a building is fit for occupancy and there are no building code violations; the end result of a successful building permit.
Master Plan Comprehensive Plan General Plan
a comprehensive plan to guide the long-term physical development of a particular area includes: land use, movement of people and goods, community facilities and utilities, energy and natural resource conservation, and noise abatement.
(FEMA) Federal Emergency Management Agency
a federal agency responsible for disaster preparedness, response and recovery. Now under Department of Homeland Security.
Interstate Land Sales Full Disclosure Act
a federal law regulating the interstate advertising and sale or lease of lots in subdivisions with 25 or more lots. Developer must provide a property report and register the subdivision with HUD.
Laches
a legal doctrine to bar a legal claim or prevent the assertion of a right because o undue delay or failure to assert the claim or right.
A new zoning code is enacted. A building that is permitted to continue in its current use even though that use does not conform to the new zoning is an example of
a legal nonconforming use.
Plat Map
a map of a subdivision indicating the location and boundaries of individual properties. Generally shows lots, blocks, easements, streets, floodplains, et cetera. Usually requires official approval before recordation.
(ETJs) Extra-Territorial Jurisdictions
a municipality's right to regulate development in areas adjacent to but not part of the city's corporate limits. Population determines if the power extends for 1-3 miles from the corporate limits.
Last week, the city council passed a zoning ordinance that prohibits packaged food sales in the area where a family-run grocery store has operated for the last 20 years. The store is now an example of
a nonconforming use.
A building permit will not cure
a private deed restriction violation.
The purchaser of a property in a planned unit development will usually receive all of the following
a share in the control of the commonly owned elements. the title to the land on which the unit is build. an interest in the unit owners association.
Declaration of Restrictive Covenants
a statement of all covenant, conditions and restrictions (CC&Rs) affecting a parcel of land; sometimes noted on the plat map or in a separate document. Restrictions are appurtenant and aim to protect property values.
Buffer Zone
a strip of land, usually used as a park or designated for a similar use, separating and screening land dedicated to one use from land dedicated to another use (e.g., residential from commercial).
If the property is in a new subdivision, the developer must voluntarily disclose the status of subdivision streets (public or private) as mandated by state law. But
a subsequent property owner does not have to make such disclosure upon the resale of the property.
Subdivision
a tract of land divided into 2 or more lots, parcels, building sites by the owner, known as the subdivider, for the purpose of sale or development (either immediate or future); all land division involving the dedication of a new street or a change to an existing street.
Overlay District
a type of zoning that is superimposed over another type of zoning and can modify the use of the original zone.
A variance is an exception to
a zoning ordinance.
At the time of taking a listing a listing broker should
acquire copies of any deed restrictions and protective covenants
Flood insurance is required on
all FHA loans if the property is located in a flood hazard area.
Zoning Ordinance
an exercise of police power by a municipality to regulate and control the character and use of property. Zoning is local in nature.
Nonconforming Use
an existing use of property that is permitted to continue after a zoning ordinance prohibited it has been established for the area; a use that has been grandfathered in and is legal.
Building Code
an ordinance that specifies minimum standards of construction for buildings to protect public safety and health.
Aesthetic zoning would be an example of
an overlay district.
Restrictive covenants apply to
and bind all successive owners of the property.
The NCBA/NCAR 2-T Offer to Purchase and Contract, suggests that the purchaser should review restrictive covenants, if any, plus
any governing documents for the subdivision or any established owners' association, as part of the buyer's due diligence.
Americans With Disabilities Act (ADA) does not
apply to residential housing.
In preparing a master plan these are essential
both economic and physical surveys.
Because there is no conformity of zoning codes or definitions, it is critical for
brokers to check with local municipalities before answering any questions about zoning.
FHA standards also apply to
building construction.
Deed restrictions may be enforced
by court injunction.
Zoning powers are conferred on municipal governments
by state enabling acts.
Almost anything that is not illegal
can be set forth in the restrictive covenant
Deans (an old full-service gas station) is located in an area recently zoned for residential use only. Deans most probable will be permitted to
continue operation indefinitely under a legal nonconforming use.
Failure of a real estate broker to properly disclose material facts about road access
could lead to disciplinary action By the NC REC.
A buyer of a vacant lot builds a house that violates the restrictions in the deed, the buyer may face the following types of enforcement
creating a cloud on the title of the property. being sued and required to conform with the restrictions. being sued and required to pay damages to the other residents in the neighborhood.
Subdivision Local Regulations are by no means uniform but reflect
customs and local climate, health, and hazardous conditions.
Planning Committees establish strict criteria before approving new subdivisions. Frequent requirements are
dedication of land for streets, schools, and parks; assurance by bonding that sewer and street costs will be paid or that such improvements will be completed before construction begins; and compliance with zoning ordinances governing use and lot size, along with fire and safety ordinances.
Deed restrictions can be created by all of the following
deed written agreement general plan of a subdivision
Subdivision Streets Disclosure Law 136-102.6 (f) Prior to entering any agreement or any conveyance with any prospective buyer, the developer and seller shall prepare and sign, and the buyer of the subject real estate shall receive and sign an acknowledgment of receipt of a separate instrument known as the subdivision streets disclosure statement (hereinafter referred to as disclosure statement). Said disclosure statement shall fully and completely disclose the status (whether public or private) of the street upon which the house or lot fronts. If the street is designated by the developer and seller as a public street, the developer and seller shall certify that the right-of-way and design of the street has been approved by the Division of Highways, and that the street has been or will be constructed by the developer and seller in accordance with the standards for subdivision streets adopted by the Board of Transportation for acceptance on the highway system. If the street is
designated by the developer and seller as a private street, the developer and seller shall include in the disclosure statement an explanation of the consequences and responsibility as to maintenance of a private street, and shall fully and accurately disclose the party or parties upon whom responsibility for construction and maintenance of such street or streets shall rest, and hall further disclose that the street or streets will not be constructed to minimum standards, sufficient to allow their inclusion on the State highway system for maintenance. The disclosure statement shall contain a duplicate original which shall be given to the buyer. Written acknowledgement of receipt of the disclosure statement by the buyer shall be conclusive proof of the delivery thereof.
A resident developer's deed restrictions would probably include all of the following
easements in gross for the installation of public utilities. the minimum sq. ft. for any home to be built in the subdivision. a reference to the use of community facilities by residents only.
The purpose of building permits is to
ensure compliance with building codes.
The primary intent of zoning ordinances is to
ensure the health, safety, and welfare of the community.
Subdivision Streets Disclosure Law 136-102.6 (j) The Division of Highways and district engineers of the Division of Highways of the Department of Transportation shall issue a certificate of approval for any subdivision affected by a transportation corridor official map
established by the Board of Transportation only if the subdivision conforms to Article 2E of this Chapter or conforms to any variance issued in accordance with that Article. G.S. 136-102.6 Page 3
A building permit is merely
evidence of the applicant's compliance with municipal regulations.
Subdivision Streets Disclosure Law 136-102.6 (i) The purpose of this section is to insure that new subdivision streets described herein to be dedicated to the public will comply with the State standards for placing subdivision streets on the state highway system for maintenance, or that
full and accurate disclosure of the responsibility for construction and maintenance of private streets be made. This section shall be construed and applied in a manner which shall not inhibit the ability of public utilities to satisfy service requirements of subdivisions to which this section applies.
A prudent broker working with a buyer would be well advised to recommend that the buyer inquire about the status of the subdivision streets (or just make the inquiry directly on behalf of the buyer). If the inquiry reveals that the streets are private,
further inquiry should be made to determine exactly who is responsible for maintenance. Of course, if any real estate broker involved in a house sale has actual knowledge that subdivision streets where the house is located are private, that broker absolutely must disclose this material fact to any prospective buyer.
A prudent broker working with a buyer would be well advised to recommend that the buyer inquire about the status of the subdivision streets (or just make the inquiry directly on behalf of the buyer). If the inquiry reveals that the streets are public,
further inquiry should be made to determine if the state (or municipality, if applicable) has assumed responsibility for street maintenance.
Deed restrictions are a means by which
grantors control the future use of the ownership.
Subdivision Streets Disclosure Law 136-102.6 (h) The provisions of this section shall not apply to any subdivision that consists only of lots located on Lakes Hickory, Norman, Mountain Island and Wylie which are lakes formed by the Catawba River which lots are leased upon October 1, 1975. No roads in any such subdivision shall be added to the State maintained road system without first
having been brought up to standards established by the Board of Transportation for inclusion of roads in the system, without expense to the State. Prior to entering any agreement or any conveyance with any prospective buyer of a lot in any such subdivision, the seller shall prepare and sign, and the buyer shall receive and sign an acknowledgment of receipt of a statement fully and completely disclosing the status of and the responsibility for construction and maintenance of the road upon which such lot is located.
Not securing a building permit can make the property uninsurable for
hazard insurance purposes until the oversight has been rectified.
Local zoning ordinances often regulate
height of buildings in an area. density of population. use of the property.
Zoning ordinances generally regulate such things as
height of buildings. placement of buildings on property. bulk and density of buildings.
North Carolina now allows the acceptance of monies and contracts on subdivision parcels once the preliminary plat has been approved. However,
if there are any material changes from the preliminary to the final plat map, a buyer is allowed to cancel any existing contract and receive a refund of all monies.
A broker should always have the consumer consult an attorney
if there is any uncertainty about a proposed land use.
A broker is expected to be aware of planned major highway or public transportation changes
in the area where the agent works and to disclose such information when appropriate.
The shortage of water has caused great concern, and local authorities usually require that land planners submit
information on how they intend to satisfy sewage-disposal and water-supply requirements.
Subdivision Process
initial planning stage final planning stage disposition, or start-up
Whether subdivision streets are publicly or privately owned and maintained
is a material fact that must always be disclosed by a real estate broker.
A provision in a subdivision declaration used as a means of forcing the grantee to live up to the terms under which the grantee holds title to land
is a protective covenant.
A drawing showing the sizes and locations of streets, utility easements, and lots in a subdivision
is called a plat map.
A residential neighborhood in Central city consists of homes built in the late 1800s. The neighborhood is subject to special zoning that prohibits property owners from tearing down a current home and replacing it with a modern one. This type of zoning
is called historic preservation zoning.
A local man owns a vacant lot in a residential neighborhood. His friends in the city government manage to change the zoning on his lot to commercial, so he can increase his profits on the property. This type of zoning
is called spot zoning.
A conveyance that includes a condition controlling or limiting the use of the transferred property
is deed restriction.
In a subdivision, title to the individual parcels of subdivided land
is transferred as the lots are sold.
The following are true about historic preservation zoning
it is an overlay district. owners must obtain a certificate of appropriateness to make changes to the property. property owners may be entitled to tax credits.
A municipality establishes development goals through
its comprehensive master plan.
Any developer who fails to comply with the requirements of the Interstate Land Sales Full Disclosure Act
may be subject to criminal penalties of fines and imprisonment.
Failure to provide the property report prior to contract formation
may give the consumer grounds to void the contract.
The federal government has recently mandated that new commercial buildings and older public buildings that undergo remodeling must
meet the standards of the Americans With Disabilities Act ADA.
In NC subdivisions the final subdivision plat
must be recorded before closing on any lot.
Two business partners just purchased a vacant lot next to their retail shop. They plan to expand their shop onto the newly acquired lot. The architectural plans extend the addition two feet into the setback requirements for that location. To construct the building legally, the owners
must obtain a variance.
There are now controls over
noise, air, and water pollution, as well as population density.
Zoning laws are generally enforced by
nonissuance of building permits to properties that do not conform to zoning.
Zoning allows regulations of all of the following
number of buildings. size of buildings. building occupancy.
Police Power
of the state government's right to impose laws, statutes, and ordinances, including zoning ordinances and building codes, to protect the public health, safety, and welfare.
Subdivision Streets Disclosure Law 136-102.6 (d) The right-of-way and construction plans for such public streets in residential subdivisions, including plans for street drainage, shall be submitted to the Division of Highways for review and approval, prior to the recording of the subdivision plat in the office of the register of deeds. The plat or map required by this section shall not be recorded by the register of deeds without a certification pursuant to G.S.47-30.2 and, if determined to be necessary by the Review Officer, a certificate of approval by the Division of Highways of the plans for the public street as being in accordance with the minimum standards of the Board of Transportation for acceptance of the subdivision street
on the State highway system for maintenance. The Review Officer shall not certify a map or plat subject to this section unless the new streets or changes in existing streets are designated either public or private. The certificate of approval shall not be deemed an acceptance of the dedication of the streets on the subdivision plat or map. Final acceptance by the Division of Highways of the public streets and placing them on the State highway system for maintenance shall be conclusive proof that the streets have been constructed according to the minimum standards of the Board of Transportation.
The regulation of land use is accomplished through public land-use controls,private land-use controls (deed restrictions), and public ownership of land--including
parks, schools, and expressways--by federal, state, and local governments.
Variance
permission obtained from zoning authorities to build a structure of conduct a use that is expressly prohibited by the current zoning laws; and exemption form ordinances due to unique hardship not created by the property owner.
Public land use controls include:
planning zoning subdivision regulations building codes, and environmental protection legislation
Property that is subject to regulation by an owners' association, it is recom-mended that Buyer review the completed Residential Property and Owners' Association Disclosure statement provided by Seller
prior to signing this offer. It is also recommended that the Buyer determine if the owners' association charges fees for confirming owners' association information and restrictive covenant compliance.
Protective Covenant or Restrictive Covenant
private agreements usually imposed by the owner when property is sold that limits the way the real estate ownership may be used; frequently used by owner/developer to maintain specific standards in a subdivision. They protect owners from uses that may have an adverse effect on value or enjoyment. The covenants are appurtenant.
Restrictive covenants are
private land use controls.
Flood Hazard Area
property identified by flood certification to be in a flood-prone area with a likelihood that flood may occur once every 100 years and therefore usually requiring flood insurance if federally related financing is involved.
Buyers of property subject to the Interstate Land Sales Full Disclosure Act must receive a
property report prior to creation of a sales contract.
(FHA) Federal Housing Administration a government agency developed rules and regulations that
provide certain minimum standards that have served as usable guides. A large number of local governments have established higher standards for subdividers of land under their jurisdiction.
The purpose of a building permit is to
provide evidence of compliance with municipal building codes.
The purpose of a building permit is to
provide evidence of compliance with municipal regulations.
Zoning ordinances, Building codes, Environmental restrictions are
public land use controls.
Subdivision Streets Disclosure Law 136-102.6 (b) The right-of-way of any new street or change in an existing street shall be delineated upon the map or plat with particularity and such streets shall be designated to be either
public or private. Any street designed on the plat or map as public shall be conclusively presumed to be an offer of dedication to the public of such street.
Unpermitted Space is a material fact and cannot be included in
quoted heated living square footage, unless unpermitted status if fully disclosed.
Whether Spot Zoning is legal or illegal in any particular case depends on whether the spot zoning is truly in the public interest
rather than being for the benefit of a single property owner (or a few property owners) at the expense of neighboring property owners or the community at large.
Legal Nonconforming Use Grandfathered Use
real property uses that were legally established before the adoption of the current zoning plan.
Assumptions about the current or future zoning of a property on behalf of a client or customer should not be made by the broker;
refer or strongly encourage the client/s to verify with the regulatory power any property use that is material to their desire for the property in question.
A real estate broker should never guarantee the continuance of a nonconforming use after a purchase;
refer to buyer to the zoning power for verification.
Zoning ordinances generally divide land use into general use classification such as:
residential, commercial, industrial, and agricultural.
Declaration of Restrictions
restrictions set forth in a separate recorded instrument; instead of being recorded in the subdivision plat.
Deed restrictions can be more
restrictive on an owner's use than zoning ordinances.
In Subdivisions built during the real estate boom of the 1990's-2000's the roads are beginning to deteriorate to the point that maintenance is needed. An inquiry frequently
reveals the streets are actually private and the unsuspecting property owners are responsible for expensive street maintenance.
The grantor of a deed may place effective restrictions on the
right to use land.
Because of the fear that they may pollute streams, rivers, lakes, and underground water sources,
septic tank systems are no longer authorized in many areas, and an environmentally approved sewage-disposal arrangement must be included in a land development plan.
Subdivision Streets Disclosure Law 136-102.6 (k) a willful violation of any of the provisions of this section
shall be a Class 1 misdemeanor.
Subdivision Streets Disclosure Law 136-102.6 (a) The owner of a tract or parcel of land which is subdivided from and after October 1, 1975, into two or more lots, building sites, or other divisions for sale or building development for residential purposes, where such subdivision includes a new street or the changing of an existing street,
shall record a map or plat of the subdivision with the register of deeds of the county in which the land is located. The map or plat shall be recorded prior to any conveyance of a portion of said land, by reference to said map or plat.
When a broker knows, or should have known, that the property in question is subject to protective covenants, there are certain obligations that the broker has to the prospective buyer. The broker
should inform the buyer that since the property might be subject to private use restrictions, the buyer should obtain and carefully read a copy of the most recent version of the covenants before making an offer on the property.
Since 1986, in recognition of the more stringent local codes in effect, the FHA has allowed local codes to serve as the standards. Exceptions generally include
site condition standards, thermal (insulation) standards, and certain other material standards.
Deed restrictions can legally restrict all of the following
sizes and types of structures to be built. potential future uses of the properties. exterior finish and decoration of the structures.
A broker should stay informed of local environmental concerns
so they may inform consumers.
The property report required by the Interstate Land Sales Full Disclosure Act, would need to include
soil conditions affecting foundations. number of homes currently occupied. existence of liens.
Laws governing subdividing and land planning are controlled by the
state and by local governing bodies of the county, city, town, or village where the land is located.
The use of privately owned real property may be regulated and restricted by
state and federal government. local government. individuals.
Enabling Act
state legislation that confers zoning powers on municipal governments.
The master plan is both a
statement of policies and a presentation of how those policies can be realized.
A court injunction directs the violator to
stop or remove the violation on penalty of being in contempt of court.
Subdivision Streets Disclosure Law 136-102.6 (g) The provisions of this section shall apply to all subdivisions located outside municipal corporate limits. As to subdivisions inside municipalities, this section shall apply to all proposed
streets or changes in existing streets on the State highway system as shown on the comprehensive plan for the future development of the street system made pursuant to G.S. 136-66.2, and in effect at the date of approval of the map or plat.
Deed restrictions are usually originated and recorded by a
subdivider as a means of controlling and maintaining he desirable quality and character of the subdivision.
Public land-use controls include all of the following
subdivision regulations. environmental protection laws. master plan specifications.
Subdivision Streets Disclosure Law 136-102.6 (e) No person or firm shall place or erect any utility in, over, or upon the existing or proposed right-of-way of any street in a subdivision to which this section applies, except in accordance with the Division of Highway's policies and procedures for accommodating utilities on highway rights-of-way, until the Division of Highways has given written approval of the location of such utilities. Written approval may be in the form of exchange of correspondence until such times as it is requested to add the street or streets to the State system, at which time an encroachment agreement furnished by the Division of Highways must be executed between the owner of the utility and the Division of Highways. The right of any utility placed or located on a proposed or existing subdivision public street right-of-way shall be
subordinate to the street right-of-way, and the utility shall be subject to regulation by the Department of Transportation. Utilities are defined as electric power, telephone, television, telegraph, water, sewage, gas, oil, petroleum products, steam, chemicals, drainage, irrigation, and similar lines. Any utility installed in a subdivision street not accordance with the Division of Highways G.S.136-102.6 Page 2 accommodation policy, and without prior approval by the Division of Highways, shall be removed or relocated at no expense to the Division of Highways.
There is no uniform planning and land development legislation
that affects the entire country.
Zoning laws are generally enforced by requiring
that building permits be obtained before the property owner can build on their land.
Cities and counties develop long-term master plans for 20 years or longer to ensure
that social and economic needs are balanced against environmental and aesthetic concerns.
Tests commonly applied in determining validity of zoning ordinances require all of the following
that the power be exercised in a reasonable manner. that the ordinance be free from discrimination. that the ordinance apply to all property in a similar manner.
The primary minimum standards established by the FHA deal with
the actual development and infrastructure of the subdivision.
Zoning boards of adjustment are established to hear complaints about
the effects of a zoning ordinance.
Real estate brokers should inform any potential buyers of possible flood areas and have them review
the latest version of the flood maps compiled by the Army Corps of Engineers.
Who enforces the ordinances of building codes?
the local building inspectors certified by the North Carolina (NCDI) department of Insurance.
Before selling or listing lots in newly subdivided land, a broker should check with the Register of Deeds Office in the county where
the lot is located to ensure the plat has been properly recorded.
Property Report
the mandatory federal and/or state documents compiled by developers to provide potential purchasers with material facts about a property prior to its purchase..
Subdivision Streets Disclosure Law 136-102.6 (c) The right-of-way and design of streets designated as public shall be in accordance with the minimum right-of-way and construction standards established by the Board of Transportation for acceptance on the State highway system. If a municipal or county subdivision control ordinance is in effect in the area proposed for subdivision,
the map/plat required by this section shall not be recorded by the register of deeds until after it has received final plat approval by the municipality or county, and until after it has received a certificate of approval by the Division Of Highways as herein provided as to those streets regulated in subsection (g). The certificate of approval may be issued by a district engineer or the Division of Highways of the DOT.
The zoning ordinance legislation is usually considered void, if
the means used to regulate the use of property are destructive, unreasonable, arbitrary, or confiscatory.
When public zoning and private covenants differ,
the more restrictive of the two will prevail.
A city issued a building permit to a homeowner for the addition of a family room and an additional bedroom with full bath. Before the addition can be built and used
the municipality must issue an occupancy permit.
When land is taken for public use by the government's power of eminent domain,
the owner must receive fair compensation.
A broker is expected to be able to recognize patent signs of flooding on a property or when a property's location may make it susceptible to flooding (e.g., location near a river or creek). A broker should assist
the parties with locating and reviewing the FEMA maps or checking with the local planning office to determine if there is any potential flooding problem.
Cluster Zoning
the practice of slightly reducing the sizes of the individual lots and clustering the lots around varying street plans such as cul-de-sacs to create more open space in a development.
If any restrictive covenant or condition is considered ineffective by a court,
the property is freed from the invalid covenant or condition.
A broker must avoid any representation about a property's zoning or permitted land uses without verifying
the property's zoning and, if appropriate, flood hazard area maps and restrictive covenants affecting the property.
A proposed area rezoning amendment will change land use from residential to manufacturing. Several homes are already located within the area proposed for rezoning. If the current zoning is amended,
the residences will probably become a preexisting nonconforming use.
When downzoning occurs in an area (Suck it up, Buttercup)
the state is ordinarily not responsible for compensating property owners for any resulting loss of value.
To determine whether a location can be put to future use as a retail store, one would examine
the zoning code.
If adjoining lot owners stand idle while a violation is being committed,
they can lose the right to petition for injunctive relief by their inaction.
Zoning Ordinances cannot be static;
they must remain flexible to meet the changing needs of society.
When other property owners in an established subdivision wish to remedy a violation of a restrictive covenant by a neighbor,
they should hire an attorney and sue the offender.
State enabling acts allow the power to enact laws authorized by the state's police power
to be passed down to municipalities and other local governing authorities.
FHA minimum standards have been established for residential area subdivisions that are
to be submitted for approval for FHA loan insurance.
Due to the strange shape of the lot, present zoning restrictions about parking space requirements will cause an undue hardship for the owner's planned use of the property as an office building. If there are no other reasonable uses for the property, the owner may be allowed
to proceed with his plans under a variance.
A list of deed restrictions would probably include
types of buildings that may be constructed. activities that are not to be conducted at the site. minimum size of buildings to be constructed.
Unpermitted space may be
uninsurable for hazard insurance purposes.
Actual transfer of title cannot occur
until the final plat has been recorded
Illegal Nonconforming Use
use occurs when zoning in place before the prohibited use.
A broker is expected to be able to recognize "red flag" situations regarding land use issues, advise the parties involved of the potential problem, and recommend that the interested parties
verify the permitted land uses. Recognizing and taking appropriate action with regard to potential problems with restrictive covenants is particularly important.
Brokers engaged to sell subdivided land should be certain that the subdivision has been approved by the appropriate government body. The plat of subdivision will be the basis for future conveyance, so the subdivided land should be measured carefully,
with all lot sizes and streets noted by the surveyor and entered accurately on the document. Survey monuments should be established, and measurements should be made from these monuments, with the location of all lots carefully marked.
The type of residential subdivision zoning that maximizes open space
would be cluster zoning.
Conditional-Use Permit
written governmental permission allowing a use inconsistent with zoning but in public interest, such as locating an emergency medical facility in a predominantly residential area: special-use permit.
Building Permit
written governmental permission for the construction, alteration, or demolition of an improvement, showing compliance with building codes and zoning ordinances.
North Carolina Department of Insurance
www.ncdoi.com
North Carolina Department of Transportation projects
www.ncdot.org/projects
North Carolina Floodplain Mapping Program
www.ncfloodmaps.com
A property zoned as single-family residential that is surrounded by commercial or industrial use should probably legally fight the classification of property because the
zoning is illegally singling out property for either special or more restrictive treatment than is usual under the area zoning ordinance.
Aesthetic Zoning
zoning ordinances that regulate the appearance of real property, such as exterior color, exterior construction material, required screening and fencing.
Examples of Police Power
zoning ordinances. building codes. subdivision regulations.
Historic Preservation Zoning
zoning to preserve the historic nature of a particular property or neighborhood. Change will require a certificate of appropriateness from the necessary regulatory power.