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Zoning & Permits

         What to Know about Zoning

As soon as words like zoning are spoken, my brain immediately tunes out. In other words, I zone out. It is intimidating and boring and all things Not Fun. So let’s change that. 
 

Not that this blog will make zoning your new passion, but let’s at least clear the air and make zoning a more comfortable topic. At that next Cocktail Zoom Party, you can not only keep up but you can lead the conversation with your zoning prowess. First and foremost, if you don’t know the zoning restrictions in your county, you don’t know what your property is capable of!
 

Zoning is like the crazy uncle every family has – every county has its own wacky zoning! It is critical to know your county. If your dream is to open up a professional balloon animal store and the property is the perfect balance of flat and trees to match your dream, but is zoned residential, you will have a house full of balloon animals and no one to sell them to! However, a few counties over, a similar property may be zoned commercial. It’s a crazy world and county zoning is the king! As we teach our kindergartners, Begin with the End in Mind. You need to know what your ultimate end goal is before you begin.
 

The zoning LandCentral categorizes properties with are as follows: Residential, Agriculture, Recreational, Forest/Conservation, and Not Zoned/Unclassified. Keep in mind that there are other zone classifications but these are pretty general and for our purposes we are able to fit our properties under these categories. But when it gets down to the nitty-gritty, you will need to ensure the exact zone and exact specifications before you commit to a property if you have a very specific need.
 

The Cliff’s Notes version is pretty self-explanatory. Residential means you reside on the property. It is for private homes. Agriculture is intended for farming and agricultural development. Recreational means the property is for fun. And fun is, unfortunately, never permanent. No permanent structures can be built on recreation zoned land. Forest/Conservation means that typically the land is not safe for developing on or it needs to be preserved as much possible without interfering with the integrity of the land. And Unclassified, or Not Zoned land is pretty loosey-goosey. It means that each individual county will have its own restrictions and regulations for what can happen on the land.
 

There are two ways to search our LandCentral properties to find the best fit for you. You can do an Advanced Search and filter by your preferred zoning. That will show you only the properties with those specific zone classifications you are wanting. Another option is to search the properties you like and under the “Property Specifics” portion of each page, you will find the zone classifications. 
 

In the end, if you love a property the zone may not matter to you. You can commit to the property and determine the appropriate development for the land later. Or you may have a dream to fulfill and the exact location of where to set up your stage may not be as important as the stage, or zone, itself. Only you can decide the best way to make your dreams come true. Just know that as you are dreaming, LandCentral is right here to help you make those dreams a reality.

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Zoning 101: What You Need to Know Before You Buy

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So you’ve found the perfect property. You scoped out the area, fell in love with the neighborhood and already called dibs on where to park your boat. Before you go picking out curtains, you may want to check out the zoning laws for your new spread. While zoning laws often keep order in an otherwise chaotic world, they can also be the party pooper to your property fun. Think of zoning as the hall monitor of the development world. But lucky for you, LandCentral is here to give you a crash course on Zoning 101: What You Need to Know Before You Buy.
 


WHAT IS ZONING?
 

Zoning is the way a society controls the physical development of land and the ways that land can be used. Most zoning categories fall into a classification called single-family residential. Though some can be zoned for multifamily, transitional or mixed use residential plus commercial. This means a business or apartment building may be erected in the future.
 


TYPES OF ZONING
 

  • Residential – Areas designated for single and multi-family residences.

  • Commercial – Areas intended for businesses which provide consumer goods and services as well as a wide variety of commercial, retail, office and recreational uses.

  • Industrial – Areas intended for research and development, factories, warehousing, and other industrial uses.

  • Agricultural – Areas now used for agricultural and farming purposes which may be developed for urban use sometime in the future.

  • Forestry – Area with limits to development that could conflict with forestry practices. Keeps forest lands from being divided into parcels.

  • Open Space – Areas designated for public recreational use or to be left in a generally natural state.


HOW DOES ZONING AFFECT YOU?
 

Planning on doing a bit of remodeling? How about opening an in-home daycare? These types of decisions can only be made when you understand the zoning of your property and can affect:
 

  • Structure additions – this can be a fence, pool, barn, or even a tree house. Any new structure added to the property.

  • Large vehicle parking – Have a boat or RV? Make sure your zoning laws allow for the parking of oversized vehicles on your property.

  • Landscaping changes – This applies to cutting down that giant oak tree or bringing a chicken coop onto the property.

  • Operating a Home Business – Your home may be the perfect location to run an in-home business, but you’ll need to make sure the zoning gods think so too.

  • Renovation – Don’t add that second story just yet. Easements and other red tape may prevent you from building up, out, or down.


WHY DO WE NEED ZONING ANYWAY?
 

While we’ve focused on all the things zoning restricts you from doing, let’s focus a little bit on why it is critical to keeping the peace. The pros of zoning:
 

  • Protects and enhances property value.

  • Conserves existing neighborhoods.

  • Preserves existing structures.

  • Prevents the mixing of incompatible land (think strip club next to a preschool).

  • Provides better lot arrangement, protecting recreational areas and open spaces.

  • Protects environmentally sensitive areas.

  • Determines location of utilities.

  • Restricts height and size of buildings (so everyone gets enough space).

  • Ensures availability of adequate number of parking spaces.

  • Guarantees adequate light, air, and privacy to new and existing homes.

  • Gives community some control over its land uses, appearance, and quality of life.


HOW TO LEARN ABOUT YOUR ZONING LAWS
 

With the help of your real estate agent or attorney, you should be able to easily access the zoning laws of your area or the property you’re thinking of buying. But just in case you want to skip the meeting and do it yourself, check with your local planning department on your city or county website; many will post information on zoning rules and ordinances. If your city’s website does not include the text of local ordinances, check out this State and Local Government website.
 

Heads up, not all zoning is set in stone. If you really want to change the zoning of a space, locate the Office of Planning and Building in your area and file a petition for rezoning. Remember, zoning may restrict you in some ways, but at its core, it really is better for everyone. Now that we’ve armed you with Zoning 101, feel confident to not only find the property of your dreams but the zoning to make your dreams a reality.

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Easements 101: What Are They and Why Are They Important?

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So you bought the perfect property and now you’re ready to build your dream home; until you take a look at your title paperwork and see an unfamiliar word: easement. No, this isn’t a hybrid term for an easy access basement. Nor is it a scary roadblock on your way to property bliss. Believe it or not, most properties have easements. In fact, chances are, you’ve dealt with them before.
 

Don’t believe us? Check out Easements 101: What are they and why are they important?
 


SO WHAT’S AN EASEMENT ANYWAY?
 

In short, an easement is the “legal right given to another person or entity to trespass upon or use land owned by someone else.” There, we got the technical definition out of the way. Now let’s simplify it.
 

An easement is a portion of land designated accessible to others beyond the land owner. This can be anything from a shared driveway to a cable line that happens to be on your property. Almost every home has an easement, with the most common one being for utility purposes.
 


EASEMENTS AND THEIR MANY FORMS
 

There are many different forms of easements. Some more common than others, and some are so rare you’ll likely never come across them. So take it “easey” (get it) and get to know the types of easements worth knowing about:
 

  • Right-of-way easement – Where people are allowed to pass through a defined piece of land on your property. i.e. a neighbor may need to pass through your driveway to access the main road.

  • Easement of Services – Used for utility purposes to convey essential services to a community. i.e. an electrical box may sit on your property but the cable company has access to it whenever they choose.

  • HOA/Condo easement – Communal living where the condo or Home Owners Association owns most of the property but allows residents to have access to it. i.e. public benches, sidewalks, medians within the grounds.

  • Easement of support – Similar to easement of services, this easement is public based and typically requires excavation of some kind. i.e. establishing a drainage pipeline for the whole neighborhood.

  • Easements of “light and air” – May restrict the construction of a larger building in favor of a neighbor’s right to “light or air”. i.e. your neighbor wants to build a large barn on their property but an easement restricts them based on the location of the barn limiting your view.

  • Conservation easement – Ensures that the protected resources on your property will never be destroyed or developed. i.e. a working farm, wildlife habitat, river or creek, or open spaces with scenic value.

  • Easement by prescription – This tricky little guy accidently grants an easement to a person who uses a piece of your land for more than 5 years for the same purpose. Even without a formal agreement, the length of time serves as the unintentional contract.


HOW IS AN EASEMENT CREATED?
 

Now that you know the what, let’s focus on the how. Creating an easement can be as simple as approaching a neighbor for permission to access their land. Offering up payment to that land owner is always a nice incentive. No matter what, once an agreement is reached, make sure to get it in a legal document such as a deed.
 

There are two types of easement grants to be aware of:
 

  • In gross – Only pertains to the person dealing with the easement at the time of the agreement. If the land sells to a different owner, the original agreement does not apply.

  • Appurtenant – Attached to the land. Selling the property will transfer the agreement to the new owner. Sort of a set in stone kind of thing.

A few things to note:
 

Even though the easement is accessible to others, if it is on your property you may be responsible for the maintenance of it. i.e. mowing the lawn. An easement can be terminated in court if there is evidence it is being used for unreasonable purposes, like a beach access was established but growth in the area began bringing in more than usual traffic.
 


WHY ARE EASEMENTS IMPORTANT?
 

In case you haven’t noticed, easements are everywhere. They’re the roads you drive on, the driveway behind a neighbor’s house, the trails you use to walk your dog, the parks you play in, and so much more. Easements help keep the peace between neighbors and communities.
 

In the case of a landlocked piece of land an easement can literally make or break the property. When a parcel is landlocked, it means the property is not accessible without trespassing on another’s land to get there. Establishing an easement with the neighbors will grant you instant access to an otherwise unusable lot.
 

So there you have it. Easements 101. Remember, you can find the necessary information on any property’s easement on the Property Title. Sometimes, easement research needs to be done by contacting the county or by paying for a title report through a title company. Now, go out there and share your land in confidence.

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