What is the name of your state (only U.S. law)? Arkansas
My neighbor has 9 acres of land zoned A2 with a house (mobile home) on it. A2 zoning means one must have at least 5 acres per house or mobile home.
My neighbor wanted to build a house for he and his wife at the back of his property, so he wanted to split his A2 lot into 2 lots to be able to build the house. One lot would be a 7 acre conforming A2 lot where he would build, and the other lot would be a 2 acre non-conforming A2 lot where his mobile home is. The mobile home may not be moved as it is too old and our zoning ordinance prevents it.
In 2002, he stated before our Board of Commissioners during the public hearing that the only reason he wanted to split the property was to build his dream house on the 7 acre lot. Because the split was for him to build his house, I also spoke in favor of it as he had been a good neighbor. I own 30 acres next to him. As a result, the commissioners granted his request to split his property into 2 lots still zoned A2.
PROBLEM: He never built his dream house. He never even got a building permit. Now it is 2009, and he wants to sell his property and sell each lot separately.
Our zoning ordinance at the time stated:
"Action by County to Rezone Property to Original Zoning.
When a rezoning request has been granted for a parcel of land on
request by the owner or his agent, and no building permit has
been applied for within (12) months of the date of the rezoning,
the Board of Commissioners may initiate action to rezone the
parcel to its original zoning."
And:
"If there is a rezone with a division of a portion of the property,
the plat must be done within (1) one year of the zoning approval
or, the zoning reverts back to the original zone."
QUESTION: Can he legally sell these lots separately even though he got the split to non-conforming status through misrepresenting his intentions at the public hearing?
My reading of the ordinance is that he lost his chance when he did not get a building permit within 12 months of the split.
Surely he cannot do this. If he could, all one would have to do to get away with making non-conforming lots, then selling them for profit, would be to lie and say you're building a dream home, home for grandma, etc. and just never build the home. Wait a bit. Then leave and stuff $$ in your pocket.
Anyone know anything about this scenario?
Thanks in advance
My neighbor has 9 acres of land zoned A2 with a house (mobile home) on it. A2 zoning means one must have at least 5 acres per house or mobile home.
My neighbor wanted to build a house for he and his wife at the back of his property, so he wanted to split his A2 lot into 2 lots to be able to build the house. One lot would be a 7 acre conforming A2 lot where he would build, and the other lot would be a 2 acre non-conforming A2 lot where his mobile home is. The mobile home may not be moved as it is too old and our zoning ordinance prevents it.
In 2002, he stated before our Board of Commissioners during the public hearing that the only reason he wanted to split the property was to build his dream house on the 7 acre lot. Because the split was for him to build his house, I also spoke in favor of it as he had been a good neighbor. I own 30 acres next to him. As a result, the commissioners granted his request to split his property into 2 lots still zoned A2.
PROBLEM: He never built his dream house. He never even got a building permit. Now it is 2009, and he wants to sell his property and sell each lot separately.
Our zoning ordinance at the time stated:
"Action by County to Rezone Property to Original Zoning.
When a rezoning request has been granted for a parcel of land on
request by the owner or his agent, and no building permit has
been applied for within (12) months of the date of the rezoning,
the Board of Commissioners may initiate action to rezone the
parcel to its original zoning."
And:
"If there is a rezone with a division of a portion of the property,
the plat must be done within (1) one year of the zoning approval
or, the zoning reverts back to the original zone."
QUESTION: Can he legally sell these lots separately even though he got the split to non-conforming status through misrepresenting his intentions at the public hearing?
My reading of the ordinance is that he lost his chance when he did not get a building permit within 12 months of the split.
Surely he cannot do this. If he could, all one would have to do to get away with making non-conforming lots, then selling them for profit, would be to lie and say you're building a dream home, home for grandma, etc. and just never build the home. Wait a bit. Then leave and stuff $$ in your pocket.
Anyone know anything about this scenario?
Thanks in advance
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