Real estate purchasers commonly perform basic due diligence (i.e. appraisal, inspection, title search, environmental study and/or survey). However, many purchasers fail to investigate compliance with local ordinances such as the zoning and subdivision codes. With the advances in information technology, non-compliant properties are more easily identified by enforcement agencies, and they are cracking down.
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Krista B. Lockyear 812-422-9444 |
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Besides regulating what uses can be conducted on a parcel, the local zoning ordinance also prescribes how much off-street parking must be provided for each particular use. It establishes set-back requirements for buildings, building height restrictions and fencing height requirements.
The subdivision ordinance generally prohibits splitting a parcel of land without a parcelization or subdivision. These laws help to ensure that adequate utility service, access and drainage are in place for all parcels. In more rural areas where sewer service is unavailable, health codes require that parcels be no less than 2 1/2 acres to facilitate the use of private septic systems.
Subdivision and parcelization processes typically require the services of a licensed land surveyor, and can range from quick and simple (parcelization or single lot subdivision) to complex (subdivisions requiring public notice and hearings). Zoning matters may require the services of a real estate attorney.
Non-compliant properties may become the subject of various enforcement actions. For non-compliance with subdivision requirements, the enforcement agency may “red-flag” the property, which can prevent the owner from obtaining building permits and hinder future sales. For non-compliance involving an ongoing use, the agency may send a Notice of Violation before assessing civil penalties, or elect to pursue legal action against the owner. Designed to promote the general safety and welfare of the public, these laws have undesirable and costly effects upon an unsuspecting purchaser.
Given the ramifications of purchasing non-compliant property, a prudent buyer should always consult a real estate professional for assistance evaluating whether there are any issues related to zoning, subdivision, or other ordinance compliance.
This article was originally published in the Feb/Mar 2011 issue of Evansville Business magazine.
The article was written by Krista B. Lockyear, an attorney with Rudolph, Fine, Porter & Johnson, LLP and Lockyear Title, LLC, both located in Evansville, Ind. For additional information, you may contact Krista at 812-422-9444 or e-mail at kbl@rfpj.com. Her practice areas include real estate law, zoning and land use, environmental law, title insurance, probate and estate planning, guardianships, and business law.
This article is intended solely as an information source, and its contents should not be construed as legal advice. Readers should not act upon the information presented without professional counsel.
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