In colonial America, there were few regulations to control land use, due to the seemingly endless amounts of land. As society moved from the countryside to the city, regulation of public lands became important, especially for municipal governments attempting to control industry, commerce, and housing within their borders. The first zoning ordinance was passed in New York City in 1916, and by the 1930s most states had passed zoning laws. In the 1970s, concerns about the environment and heritage conservation led to additional regulation. A platform is a section of a subdivision that displays the geographic boundaries of individual parcels, blocks, sections, roads, public easements, monuments, technical data, and restrictive agreements. A plan of the platform must be approved by the municipality before it can be registered. The developer may also need to submit an environmental impact report, which will also need to be approved. The developer determines the location and size of individual parcels, uses natural drainage and land contours, and provides utility, water and sewer easements. A platform can also have a homeowners corporation and publish and maintain bylaws for the subdivision. Consider speaking to a land use and zoning attorney in your area if you have further questions or need help with a specific legal issue. While a conditional use permit allows for related uses of the land, the variances allow prohibited uses of the land because the order would have a significant effect on the property. For example, a deviation may be issued if the topography of the property makes it difficult to comply with the zoning ordinance.

However, to obtain a deviation, the property owner must prove the necessity of the deviation and indicate how the property will be damaged or encumbered by the regulations. Area variance requirements generally include the following characteristics: In order to prevent random land development, land use is restricted by public and private land use controls. and by State land ownership. For example, parks and forest reserves are protected by state property. Over time, zoning will change as the needs of the area change. For example, companies often go bankrupt or demand for land for a particular industry decreases due to technological change or competition. As a result, many corporate structures become empty. Thus, many cities change the zoning of the structure so that it can be converted into housing units. Restrictive agreements, sometimes referred to as RCCs – terms, agreements and restrictions – restrict the use of a particular property, condominium or subdivision.

These restrictions are set out either in the title deeds or in the subdivision deeds to which they relate. The main objective of RACs is to maintain the appearance of the community. Land use controls consist of government regulations, codes and permit requirements that restrict the private use of land and natural resources in order to comply with public policy. There are several types of land use regulations, including subdivision by-laws, zoning, building codes, housing regulations, curve pruning permit systems, historic preservation laws, and tree pruning laws. Depending on the land use issue, you may want to work with a lawyer who practices real estate or municipal law. If you dispute a major city estate claim, your lawyer can closely review the municipality`s claim for „public use” to make sure it is valid. If you`re looking for a new location for your company`s head office, your legal counsel will likely research the zoning laws for each potential location. A deviation is granted by the zoning authority to a landowner to allow for a specific violation of the zoning ordinance, usually because the zoning ordinance charges the owner due to the nature of the property.

For example, a homeowner with a small lot may benefit from a derogation if it is not possible to meet setbacks and open spaces for residential area requirements. Federal and state courts also play a role. In addition to ruling cases under laws enacted by Congress, state legislators, and local governments, courts often deal with common law lawsuits relating to land use, such as trespassing or entering someone else`s land without permission, and harassment that interferes with the owner`s use and enjoyment of the land. While the trend in land use law is toward legal standards and government enforcement, common law measures remain essential for situations that are not in the public interest, such as: A neighbour who parks repeatedly on his neighbour`s property or allows his dog to roam freely and spill garbage cans. Other private land use regulations enforced by the courts include easements, which are the right to use part of another owner`s land, and restrictive agreements that are set out on deeds, such as requiring the owner to belong to a homeowners` association. A comprehensive plan will also look at ways to save resources such as energy. For example, transportation efficiency depends on decisions about the position of traffic lights, the timing of signals, one-way or one-way traffic, and the direction of one-way traffic. The amount of compensation is usually determined by negotiations between the owner and the government, or the owner can sue the government and let the court decide. Often, fair compensation is determined by the before-after method, in which the value of the property after the development of the adjacent property is compared to the value of the property before removal. Before the details of land use controls can be determined, there must be an overarching plan (also known as a master plan) that meets the objectives and prevents conflicts in future development, providing a plan for sustainable growth while balancing social, economic, environmental and aesthetic desires.

Zones are most often designated by letters, such as A for agricultural, R for residential, and C for commercial. In addition, some planned unit development (SUPs) may be designated for mixed uses, which include both residential and commercial areas. Area classifications may have other subdivisions. For example, parcels designated for residential purposes can be divided into single-family homes, semi-detached houses with no more than 4 residential units, high-rise apartments, etc. Thus, C-1 may refer to businesses such as gas stations and convenience stores; R-2, single-family homes; R-4, high-density residential area, such as in apartments and so on. A developer buys undeveloped land and divides it into smaller units to sell to developers or individuals. A developer builds structures on the land, such as homes or businesses. The developer can also be the subdivisor. Before the subdivision itself, the divider must submit a development plan that corresponds to the municipality`s overall plan. The primary control over public land use is zoning, where properties of the same type, such as residential or commercial areas, are designated for specific geographic areas. The main control over the use of private land is deed restrictions, which limit what the owner can do on the property.

The main objective of land use controls is to limit population density, noise and pollution, and to preserve the aesthetics of the neighborhood. Because zoning involves competing interests, local governments are constantly exploring new techniques to resolve conflicts. For example, mansion owners, anyone on an entire acre, may love their view of a prairie field. The owner of this field may want to build 500 homes on 100 acres, including several small townhouses that are affordable for low-income people.