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Thread: Issuing permits with land use vioations

  1. #1
    Cyburbian Richmond Jake's avatar
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    Issuing permits with land use vioations

    I discovered my jurisdiction is issuing permits where land use violations are present. In my view, no permits should be issued that do not correct the violation. When I worked in California, this was in ordinance form. Anybody have any good language I can steal borrow to implement this policy? Thanks.
    Annoyingly insensitive

  2. #2
    Cyburbian Doberman's avatar
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    You could probably just include something along the lines of denying building permits until each facet of the property is brought into conformity with zoning, and subdivision regulations of your muni.

    Where I plan at in a predominantly rural area, I believe we run into more issues with illegal splits than a suburban (where everything has likely been recorded), or an urban area. We have many people who just deed over parts of their land or all of it without going through the subdivision process by just going over to the probate. We really get shafted by the state, because state law requires them to record deeded property. State law also requires us to address Family Subdivisions, and the only way we can end up correcting many of these illegal splits are through one lot family subdivisions. Family Subdivisions are basically unenforceable as well.

    We basically permit illegal splits that predate zoning, or that are done by recorded will and I believe that's fair.

    Building permits are really the only tool you have to enforce your regulations in many circumstances. Also, I think sign regulations are the dullest aspect of planning and I'm more or less apathetic about them, but they are what keeps the abandoned Arby's from becoming a Title Max.

  3. #3
    moderator in moderation Suburb Repairman's avatar
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    I think it would be as simple as amending your general application procedures of your code to include:

    No permit or subsequent permit shall be issued to a property in violation of this Code unless such permit includes mediation of any such violation.

    "Oh, that is all well and good, but, voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same way in any country."

    - Herman Göring at the Nuremburg trials (thoughts on democracy)

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    Cyburbian MD Planner's avatar
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    All properties in my city are "flagged" in our permitting system when they are issued a citation for any violation. The violation has to be resolved before any permit is issued. In fact, it won't let you hit "approve" until the problem is solved unless someone manually overrides it. Which leads to great fun when you're told by an elected official to approve something with an outstanding violation. I politely decline and say that someone else can log in and do it but I can't do that.
    He's a planner, he's a dreamer, he's a sordid little schemer,
    Seems to think that money grows on trees . . .

  5. #5
    Cyburbian Doberman's avatar
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    What do you guys do about illegal splits via Divorce Decree? We have an illegal split of 1.4 acres into two .7 acre tracts in a zoned area that requires a 1 acre lot minimum. So long as they have the divorce decree accurately splitting the property up and recorded in the probate I don't think there's anything we can do.

  6. #6
    Cyburbian The One's avatar
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    Hmmm

    Quote Originally posted by Doberman View post
    What do you guys do about illegal splits via Divorce Decree? We have an illegal split of 1.4 acres into two .7 acre tracts in a zoned area that requires a 1 acre lot minimum. So long as they have the divorce decree accurately splitting the property up and recorded in the probate I don't think there's anything we can do.
    In Colorado, a divorce decree is a LEGAL method of splitting land.....along with wills.....and other methods outside of subdivision. Other states have similar statutes. Smart courts would not do what was done in your example.
    "The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness."
    John Kenneth Galbraith

  7. #7
    Cyburbian Doberman's avatar
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    I don't see why the judge didn't force sell of the property in question after checking the zoning and have the profits split 50/50. Money is money, but .7 acres here isn't the same as .7 acres over there. There are too many factors that make that a poor decision on the development side of things in addition to creating nonconforming uses with just a little research. They are now having to rezone the land.

    Is that what you mean?

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