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Land-Use Control

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Chapter 23

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In This Chapter

You will be introduced to legal restrictions that control how a parcel of land may be used.

Zoning Regulates the purpose for which buildings

may be constructed along with its height and bulk.

Establish lot area requirements. Number of parking spaces. Number of persons that can be

accommodated.

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Nonconforming Use

When an existing structure does not conform with a new zoning law, it is “grandfathered-in’’ as a nonconforming use.

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Common Zoning Symbols

R – residential C – commercial I – industrial A – agriculture M – manufacturing R-1 – Residential PUD – Planed use development

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Land-Use Restrictions Enforcement of Zoning Laws Nonconforming use Zoning changes Variances Conditional-Use permit Spot zoning

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Land-Use Restrictions Downzoning Taking Buffer zone Subdivision regulations Building codes Deed restrictions

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Building Codes Minimum acceptable materials and

construction standards needed to protect public health and safety.

Includes standards for structural load and stress, windows & ventilation, size & location of rooms, fire protection, exits, plumbing, heating, lighting, and more!

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Deed Restrictions

Restrictions on land use that a owner places in the deed to control future development.

Also known as restrictive covenants.

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HOA Foreclosures The property owners’ association must record a

management certificate providing subdivision recording data and the name and mailing address of the property owners’ association.

Association must make all of the books and records of the association available, including financial records, to an owner in accordance with the Texas Non-Profit Corporation Act

The association or its agent must give written notice to the owner by certified mail, return Receipt requested.

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HOA Foreclosures The deed restrictions generally allow HOAs

to collect fees to fund their ability to enforce the restrictions.

If you don’t pay, the HOA can foreclose on the homeowner.

Texas Residential Property Owners Protection Act

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HOA Foreclosure Facts

Texas Residential Property Owners Protection Act

Limits attorney fees Limits foreclosure for fines & attorney fees Right to redeem property within 30 days

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Environmental Impact Study Used to determine the effect of a proposed

project on the total environment. Includes:

Probable impact on area. Adverse environmental effects. Alternatives to proposed project. Listing of irreversible commitment of resources if

project is implemented.

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Environmental Laws

The Comprehensive Environmental Response, Compensation, and Liability Act

Wetlands Environmental site assessments Federal statutes have been passed affecting

asbestos, radon gas, lead-based paint, endangered species, and underground storage tanks.

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Key Terms Building codes Certificate of

occupancy Downzoning Environmental

impact statement

Land-use control Nonconforming use Restrictive

covenants Variance Zoning

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