SECTION 4- RESTRICTIONS

Police Power is the authority of local, state, and federal governments to regulate the use of or to purchase private property in order to achieve planning goals is derived from.  The government’s ability to apply certain restrictions to property and divide them into districts is zoning. Zoning is a police powe

is a statement of policies; it presents how policies how policies regulating land use will be implemented. A master plan provides for a regulation and use of land, public facilities circulation, (transportation), conservation, and noise

Is a space of land between a property line and a building line. Structures must be built behind the setback

Zoning may require buffers or buffer zones.  A buffer is something between two lots, such as a high fence,wall, row of trees, while a buffer zone is a space of land between two districts, such as a park, playground, interestate highway.

Zoning Laws usually utilized to promote public health & safety, as well as morals and general welfare.  Planning Commission is responsible for the Zoning of all real properties in the locality.  Changes in Zoning may be initiated by property owners, developers, sub-dividers, or governmental agencies.

A Petition for Variance is a method by which a landowner can try to show that unique circumstances exist and that his land should be allowed an exception to present zoning laws. Variance is done lot by lot.

Down zoning refers to zoning changes that convert commercially zoned properties into ones zoned for residential use

A “Grandfather” clause allows Existing use of a property that have been made non-conforming by zoning laws to continue.

specification standards set the requirement fo the kind of material used in construction, they may affect design and structural systems

allows a property owner to build a structure which complies with local codes. After inspecting a building, if it complies with local codes, a certificate of occupancy is issued.

Private Restrictions are restrictions set forth by the Grantor or Developer in some form of written agreement, usually a Deed.  When Private Restrictions take the form of Conditions in written agreements, any breach of such Conditions can result in more severe penalties then if they were in the form of a covenant. Often in results in a loss of title, such as in fees simple defeasible estate.

Condition if broken can result in loss of title. Restriction if broken will not result in loss of title.

is normally defined as one that could be given to a competent surveyor and hecould find the property. Mortgages and deeds require a legal description in them to be valid.

Is one that existed before the creation of a zoned use. A non- conforming use is usually allowed to continue for a time period or until building is destroyed or torn down.

• Metes measure the distance
• Bounds refers to direction
• A metes and bound survey is sometime called boundary survey
• One purpose of metes and bound survey is to establish the exisitng point of beginning on a lot.

Township lines are located every 6 miles north and south of a base line while range lines are located every six miles east and west of meridians this creates areas that measure 6 mile squares called townships

Townships are further broken down into areas that mewasureone mile square, these areas are called sections. Each section contains 640 acres, there are 36 sections in one  township

is used for the subdivision of land; it may be called the recorded plat or tract division. A plat map is a legal device used to record the subdivsionof land. 

The best way to describe vacantcity lot when listing the property would be to use a lot and block description

refers to the science of measuring the earths and locating points on the surface. geodetic is a framework of benchmarks covering the entire country.