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Several times each week, people come into our office
and are told that they can't build on their property.
This naturally comes as a surprise to most and, more
often than not, leaves them upset and unable to understand
where the problem lies.
On this page you will find a few of the common pitfalls
in the process, what we look for, some ideas of what
you can do if this happens to you, and what you can
do to prevent it.
After you read these tips, please feel free to visit
our offices to review the requirements for development.
In that way, when you come in to get your building
permit, all you will hear is...
"YES!"
Why there may be problems.
In order
to promote orderly growth within the County, the Board
of County Commissioners created the County's Land
Development Code (LDC). A number of articles within
the LDC establish criteria that may prevent development
of a specific parcel of land if they can't be met.
Some examples of these criteria include setbacks,
lot size, road frontage, and illegal subdivision of
a parcel.
What we look for.
One of the first things we look at when you submit
a permit application is the zoning of the parcel.
Because the LDC limits the types of buildings or businesses
that may be put in a particular zone, this may present
you with your first problem. For example, in order
to place a mobile home on a parcel it must be Zoned
R-5 or greater. If your parcel is zoned R-2, a mobile
home would be a non-conforming use and is not allowed.
Likewise, a single-family home is not allowed in an
industrial zone. The idea behind this is to create
a pattern of similar uses in different areas of the
county and prevent inappropriate development from
creating hardships on our citizens.
Next, if your property is not in an approved subdivision,
we will review the history of your parcel to determine
whether it has been subdivided correctly. The LDC
states that any lot existing prior to 1990 is a "lot
of record" and can be developed. After 1990,
a "lot of record" may only be divided once
without undergoing a subdivision review. This means
that if the original parcel of land has been subdivided
more than one time, only the first applicant for a
permit on any of the new parcels will be able to obtain
a building permit. If someone else on another parcel
has already applied for a permit or built a home,
you will not be able to get a permit until the property
is properly subdivided.
There are a few exceptions to these restrictions in
the case of property deeded at no cost between family
members, but other restrictions may still apply. Before
you deed your property to a family member, be sure
to check to ensure you are creating a lot that will
allow them to obtain a permit.
Assuming you are the first applicant, there may still
be some roadblocks to a permit. Each zoning district
has certain minimum lot size requirements, building
setbacks, and road frontage standards that must be
met in order to qualify for development. For instance,
in the Villages Residential districts, the minimum
lot width at the front building line is 100 feet and
80 feet at the street right-of-way. In the R-2 district,
on the other hand, the minimum lot width at the front
building line is 70 feet and 50 feet at the street.
In VR-1, the minimum lot size is 4 acres, VR-2 requires
only 3/4 acre, and the minimum in VR-3 is 2 acres.
In order for us to issue a permit, you must be able
to meet each of these criterion for your zoning district.
What you can do to prevent this from happening
to you.
Perhaps
the easiest way to prevent these problems from occurring
is to make an informed decision when you purchase
property. Before you go to the trouble of subdividing
your land, or spend the time and money to purchase
a piece of property or building, spend some time in
our office. Bring your proposal to us so that we may
review it with you and determine what you can and
cannot do. The small amount of time you spend may
save you hours of aggravation and a tremendous sum
of money.
What you can do if it happens to you.
First, don't
panic! There are several possiblilities that our staff
will explain to you and help you as you make an informed
decision. You may be asked to do something as simple
as move the site of your house or building a few feet
to meet a setback requirement. It could also involve
simply reorienting the structure to face a different
street or corner. Our job is to help you do what you
want, as long as the LDC allows it. If this happens,
be open to our suggestions on how you might accomplish
what you want.
If the LDC simply doesn't allow us to issue a permit
for your desired use, you may still have some options.
Among these are for you to apply to the Board of Adjustments
for a variance to the LDC to permit what you want,
or to apply for a rezoning of your parcel to one that
will allow your desired use. If you are the "victim"
of an illegal subdivision, you may need to contact
the person who sold you the property to ask them to
go through the subdivision process, or you may need
to accomplish this yourself. Each of these will cost
you time and money, and there is no guarantee that
your request will be granted; however, they may be
your only alternative. If you decide that you want
to pursue these options, our staff members will guide
you through the process.
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