Chapter 22
Georgia Real Estate
An Introduction to the Profession
Eighth Edition
Chapter 22
Land-Use Control
Key Terms
• building codes
• certificate of
occupancy
• downzoning
• land-use control
• master plan
•
•
•
•
nonconforming use
restrictive covenants
variance
zoning laws
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Overview
Land-use control describes any legal
restriction that controls how a parcel of land
may be used.
There are public controls and private controls.
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Overview
Public controls include zoning, building codes,
subdivision, regulations and master plans.
Private controls are deed restrictions.
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Zoning
Zoning laws divide land into zones and
regulate the purpose for which buildings may
be constructed, the height of the buildings, the
area of the lot and the number of people they
can accommodate.
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Zoning
Zoning can also control development so that
each parcel of land will be adequately serviced
by streets, sewers, schools, parks and utilities.
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Zoning
The authority to control land use is derived
from police power to protect the public health,
safety and general welfare of its citizens.
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Land-Use Restrictions
The zoning ordinance imposes additional rules
for low-density, setback requirements, limits
on building heights and restricts the kinds of
animals that may be kept on the property.
Zoning encourages uniformity.
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Enforcement
In order to build, a person must obtain a
building permit from the city or county.
If a landowner builds without a permit, the
owner can be forced to tear down the building.
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Nonconforming Use
When an existing structure does not conform
to a new zoning law, it is grandfathered in as a
nonconforming use.
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Nonconforming Use
The owner is not permitted to remodel the
building or extend its life. When the structure
is destroyed or demolished, any new use of the
land must be in accordance with the zoning
law.
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Amendment
A zoning ordinance can be changed by
amendment.
A public hearing must be held so that property
owners and the public may voice their
opinions.
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Variance
A variance allows an individual landowner to
deviate from current zoning requirements.
Variances are usually granted where strict
adherence with the zoning ordinance or code
would cause undue hardship.
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Conditional-Use Permit
A conditional-use permit allows a land use that
does not conform to existing zoning, provided
the use is within the limitations that are
specifically imposed by the city ordinance.
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Spot Zoning
Spot zoning refers to the
rezoning of a small area of
land in an existing
neighborhood.
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Downzoning
Downzoning means that
land previously zoned for
higher-density uses is
rezoned for lower-density
uses.
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Taking
Taking is also known as inverse condemnation.
The municipality regulates the property to
where it has no value.
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Buffer Zone
A buffer zone is a strip of
land that separates one
land use from another.
It is not necessarily a zoning
law category.
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Legality, Value
A zoning law can be changed or struck down if
it can be proved in court that it is unclear,
discriminatory or unreasonable.
Value is created by the number of people who
want to use a particular parcel of lance for a
specific purpose.
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Subdivision Regulations
A developer must comply
with government
regulations regarding street
construction, curbs,
sidewalks, street lighting,
fire hydrants, sewers, water
and utility lines, minimum
lot size and so on.
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Building Codes
Building codes establish
minimum acceptable
material and construction
standards.
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Building Codes
When the building is
completed, a certificate of
occupancy is issued to the
building owner to show that
the structure meets code.
Without the certificate, the
building cannot be legally
occupied.
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Deed Restrictions
Private land-use controls
take the form of deed and
lease restrictions.
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Deed Restrictions
Ownership of land includes
the right to sell or lease it
on whatever legally
acceptable conditions the
owner wishes.
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Deed Restrictions
Deed restrictions, also
known as restrictive
covenants, cannot be used
to discriminate on the basis
of race, color, religion, sex,
or national origin.
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Planning Ahead for Development
Uncoordinated land use can have a negative
impact on the quality of life and the economic
vitality of a community.
Master plans guide the development of towns
and cities, districts, and even whole states.
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Master Plan
A planning commission is
formed to create a master
plan.
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Master Plan
The master plan uses
existing patterns of
transportation and land use
and directs growth to
achieve balanced
development.
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Master Plan
The master plan guides
those who must make dayto-day decisions regarding
zoning changes and gives
the individual property
owner a long-range idea of
what property may be used
for in the future.
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Long-Run Continuity
A master plan should look
at least 15 years into the
future, preferably 25 years
or more.
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Long-Run Continuity
The plan must provide for a
balance between the
economic and social
functions of the community.
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