=appraiser55;2349372]I don't know where you live, but in the United States, in all municipalities with a zoning ordinance, a recorded plat has everything to do with legal division of property.
wrong.
Without a recorded plat, there is no legal division of the property on record
.wrong. It is at the registrar of deeds at the county offices and I can divide my property any way I want that is within state law allowances.
And all zoning ordinances I've ever read do require a plat to be recorded at the local courthouse and they require the plat be recorded in a reasonable amount of time, usually stated in the ordinance
.what? a zoning ordinance tells one what an area is zoned. It is a map the zoning office maintains. Show me a zoning ordinance that requires the owner to record a plat of the change.
just for fun, find out how to record a plat of a variance that allows the rear setback of a property to be allowed to be reduced from the standard requirement to a foot less because a guy screwed up and built his house too close to the back lot line and is now seeking a variance so he does not have to cut his eave from his house.
These divisions and size of the resulting properties have everything to do with accurate appraisals and tax bills, so not only does a recorded plat have something to do with legal division of property, the recorded plat is the essential necessary element of division of property
so what does that have to do with a zoning ordinance? but again, the county maintains those records as recordings of deeds are presented. The owner does not have to deal with the plat map. We have county people that get paid to do that.
That is why recorded plats are requirements, not some sort of "option," in every state and municipality I've been in.
you must have experience with a very small area. recorded plats are only required when in my area, the only plat recording that is done by a owner is when a subdivision is being developed. It is required because state law controls subdivisions and they need the proposed plat to study for acting upon. If accepted, that plat is recorded with the registrar of deeds, not the zoning office. If a simple split of a property such as in this thread, all that is done is deeds are written with the new property descriptions and title holders and those are recorded with the county registrar of deeds who then sends the recording to the county treasures office so new tax ID numbers are generated and associated with the new lots.
again, no action at the zoning office is required.
Without the recorded plat, there is no way to know what is what
.sure there is.
Those lines on the map that state illustrate where property lines are located and the zoning classification of that property don't just magically appear
I know. we use a plotter to draw them in our county and the zoning office tells you what an area is zoned after they determine what it is zoned.
. Those property lines and zoning classifications appear on the map only as the result of recorded plats
.You have it backwards. The zoning department determines what area is zoned what. They do follow the property lines of record to delineate the area generally but not always.
Want to hear something funny? I have seen a property that actually had two different zonings on a property. The zone limits actually split the property.
For example, if one requests a variance or rezone, but never records the plat showing the change, and one waits, say, 5, 10, 20, or 30 years to make use of that rezone, one should not be surprised when one is forced to stop.
You are nuts. When I request a variance, the zoning office records what the property description is of the property being granted the variance. If a rezone is requested, the zoning office alters their zoning map to reflect the change they allowed. I don't have anything to do with the recording of the rezone or variance.
Why? Because if you do not record a legal plat at the courthouse there is no legal record of your rezone or variance
.wrong. the record is at the zoning office where it belongs. the zoning office is a township office and the zoning is under township control. The courthouse has nothing to do with any of this but the county registrar of deeds (separate building) doesn't care about the zoning. They are a county office and have no control over zoning and since it is a township issue, the county does not maintain the zoning records.
You can't just be ask for and be granted a rezone.
sure you can. You file for a zoning change. The board reviews the request and decides if they will grant the request or not.
You have to follow through with the legal requirements of a rezone or variance, and again, in the United States, in every municipality I've been in, the legal requirement is legally recording the plat at the courthouse in a reasonable amount of time
.that's funny because the courthouse has nothing to do with the zoning. Zoning is an operation of townships and cities and counties and those zone regulations are maintained at the respective municipalities offices, not the courthouse.
No one would know where anything is, who owns what, or what the zone is
.who owns what and what it is zoned are two totally different issues. A record of title determines ownership. In my county, those records are maintained at the county registrar of deeds, which is not the courthouse. It is a dozen blocks away from 1 of 2 courthouses in the county and is about 30 miles from the other county courthouse.
The zoning in my area is controlled by the township which is an entirely seperate entity. The county has no control over the zoning and really doesn't care what is zoned what.
The recording of the plat is precisely where all that information comes from.
you are just plain wrong.
Doesn't mean it doesn't exist, but I've never seen a govt. with a zoning ordinance that does not require timely filings of recorded plats for any division, rezone, or variance.
then come on over to SW Michigan. The owner does not record a zoning variance or rezone. The zoning office does that because, that is what they do.
come on over to southwest michigan. I have split property as well as others I know have split property as well as they have combined property. A deed is written with the new property description and the deed is recorded at the county registrar of deeds. That is it, everything, total, absolute, fine`. Of course, the county will take notice of a split because they have to issue a new tax ID number for the new lot but they have no control over the division of the property and no control or concern with the zoning issue especially since the county has nothing to do with zoning.
note: township was used generically. In my area, I live outside any city limits and as such, the township deals with zoning. Within a city limit, the city would replace township.