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Non Conforming Lot Splitter

Queen B

Cyburbian
Messages
3,178
Points
25
So Great Throbbing Brain,

Impart your wisdom on me. I have an individual, who is well aware of the zoning regulations and has been manipulating them for years, he continues to buy land and split parcels leaving them Non Conforming, then selling them, for the new buyer to either have a problem they have to clear up or leave them with a piece of land they can not use.
I understand the whole buyer beware idea and if it happened just a few times, but he is making it a regular thing and all but thumbs his nose at us.
He did it again today in our projected growth area. He split out a parcel that lacks the regulated frontage and when he was told about it and that no building permits will be issued for it, he just laughed and said he didn't care he wasn't going to do anything with it anyway.
You would think his name would be mud fairly quickly for making bad deal after bad deal. But it doesn't seem to happen.

Any suggestions?
 

SGB

Cyburbian
Messages
3,388
Points
26
8-!

Amend the subdivision regulations so that they specifically/explicitly require all new lots created to meet the dimensional requiremens of the zoning regulations.

And do it quickly!
 

Cardinal

Cyburbian
Messages
10,080
Points
34
Yes, require all new lots to comply with the subdivision ordinance. If that can't be done, require that the certified survey or plat not that it is a non-conforming lot on the face of the map. The title company should then be able to figure out what is going on and alert the buyer.
 

Rem

Cyburbian
Messages
1,523
Points
23
So I gather you don't need an approval to create a subdivision in your jurisdiction. It is very uncommon to be able to subdivide without an approval in NSW - is there any way you could institue a requirement for an approval?
 

donk

Cyburbian
Messages
6,970
Points
30
In my office I'd refuse to approve the plans of subdivison for registration as they don't conform to the general intent of the Plan or Zoning By-law. Similar to others, our Subdivison By-law explicity requires that any lot created comply with the Zoning By-law with respect to frontage, depth and area. We also require that an intended purpose be stated on the plan, so that we can assess it for conformity to the By-laws and a few provisions of our Act.

There is a big difference between "legal non-conforming"(grandfathered/created before teh law) and "non-compliance" (nose thumbing).
 

Budgie

Cyburbian
Messages
5,270
Points
30
Withhold building permits, kick him in the ass and tell him I told you to. Maybe that dasterdly demon Darrell will come looking for me.
 

Queen B

Cyburbian
Messages
3,178
Points
25
Thanks, Budgie!
I spoke with the Counselor this morning and he is sending the official "you can't do that you fool!" letter.

Good to see you! I hope we helped to distract you a bit! Hang in there!
 

Zoning Goddess

Cyburbian
Messages
13,852
Points
39
Does your jurisdiction have an ordinance requiring anything be filed (other than a deed) for a lot split? I'm assuming that since you used the term "lot split" you are talking about one parcel split into two?

We have never been able to regulate these. We can't stop anyone from marching down to the courthouse and filing a deed splitting off lots that don't meet any of the zoning regulations. Our only recourse is to deny a building permit and tell a buyer that his/her recourse is against the seller, it's a civil matter.

Our code only enables us to regulate splits into 3 or more lots.
 

NHPlanner

A shadow of my former self
Staff member
Moderator
Messages
9,928
Points
40
Zoning Goddess said:
Does your jurisdiction have an ordinance requiring anything be filed (other than a deed) for a lot split? I'm assuming that since you used the term "lot split" you are talking about one parcel split into two?

We have never been able to regulate these. We can't stop anyone from marching down to the courthouse and filing a deed splitting off lots that don't meet any of the zoning regulations. Our only recourse is to deny a building permit and tell a buyer that his/her recourse is against the seller, it's a civil matter.

Our code only enables us to regulate splits into 3 or more lots.
I thank god everyday that this kind of thing is illegal in NH. A subdivision is a subdivision is a subdivision. Regardless of the number of lots, you must have Planning Board approval and meet all ordinances and regulations.
 

giff57

Corn Burning Fool
Staff member
Moderator
Messages
5,436
Points
34
Zoning Goddess said:
Our code only enables us to regulate splits into 3 or more lots.
It is that way in Iowa too, I'm not sure if city code would prevail since land transfers are county function. Also here, sometimes different County Recorder interpret the law differently, in a lot of places, if a parcel is split and sold, then the new owners could split again. In other Counties, once it is split into two, you're done and it's a subdivision after that.
 

Cardinal

Cyburbian
Messages
10,080
Points
34
NHPlanner said:
I thank god everyday that this kind of thing is illegal in NH. A subdivision is a subdivision is a subdivision. Regardless of the number of lots, you must have Planning Board approval and meet all ordinances and regulations.
Ditto here. Any subdivision must meet the requirements of the subdivision ordinance. To address Giff's issue; if there is a limit on splits, as in the rural areas where the owner is allowed to create one new lot per parcel of up to 35 acres, a notation is placed on both deeds that stipulates that no further subdivision is permitted.
 
Messages
13
Points
1
Hope this helps (see bolded text):

Sec. 26-18. Minor Subdivisions.

(1) The City Council may exempt the subdivider from complying with some of the requirements of this Chapter in the case of a subdivision of small size and of minor importance which is situated in a locality where conditions are well defined. All applications shall comply with the hearing and publication requirements of Section 26-31 (5) and notice shall be mailed to owners of abutting properties.

(2) In the case of a request to divide a lot which is a part of a recorded plat where the subdivision is to permit the adding of a parcel of land to an abutting lot or to create two lots and the newly created property line will not cause the other remaining portion of the lot to be in violation with this Chapter or the Zoning Code, the division may be approved by the City Council after submission of a survey by a registered land surveyor showing the original lot and the proposed division.
 
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