When it comes to zoning we all can get a little confused. There are some verbiage that is a little confusing and it feels like none of us understand, for example, the common generalizations are R1 for a single-family home, R2 for two-dwelling units, and R3 for apartment complexes. In addition, some communities also designate another number to indicate certain square footage for that particular zone. For instance, R1-3 signifies a single-family dwelling with a lot size of less than 3 acres. I like to think of myself as someone that is studious and learning constantly. If I'm not learning I'm not growing especially about things that are important NOW. I don't want to look back more than I already have and say I didn't try my best. So I'm going to break down zoning laws here as best I can but also provide documents from others as well to give true laws for us to understand. Since there are all kinds of zoning, I am going to break down three that are basic and give examples of their usage.
A subdivision is a parcel of land subdivided into smaller areas. It's purpose is to take a large tract of land and divide into smaller ones to make it easier to develop and build separate homes and lots on that particular parcel of land. This increases growth overall and maximizes space. It can also make selling these homes faster since, most home buyers like to be around other homebuyers which provides more movement and trade in a particular area, it boosts that economy. That parcel of land becomes fully developed into smaller parcels of land.
Creating a subdivision usually begins with the developer applying for a zoning permit in the area. City approval and issuance of a permit is based on whether or not the particular land can be developed, and how it may be zoned. Zoning is either for single or multi-family residences, depending on the needs of the area and the request of the developer. Once the permit is obtained, the area will be built up, often at a rapid speed. Subdivisions typically surround a city center most often zoned for business and commercial use. As the city grows, subdivisions can spread in every direction, providing residential living areas that are within a short distance from the downtown without being directly in it. Many rural areas quickly get swallowed up into subdivision developments as the city expands, and local authorities often attempt to keep this type of growth from destroying the local area. However, in most cases the development of subdivisions occurs at a rapid pace, driven by a need for cheap, fast housing. Thus, subdivision growth is often considered an unfortunate side effect of the growth of a community.
Down zoning is the process by which an area of land is rezoned to a usage that is less dense and less developed than its previous usage. This is typically done to limit sprawl and overgrowth of cities, and to help concentrate areas of development into smaller sections to prevent over zoning a community.
Down zoning may occur when an area that is built up with large apartment buildings is cleared, and the area is rebuilt with single-family homes or smaller multi-family units. Another example of down zoning is the rebuilding of a large area of shopping malls to single-building shops and restaurants, or a large industrial area rebuilt as retail shops.
Contract zoning is a zoning technique for land use reclassification with a private party, based upon conditions not imposed on others in the same classification. A particular area which is zoned for one type of development is rezoned to another classification based on an agreement between the government and that party who will be using the land.
Contract zoning examples
If an area is zoned for residential use, but a business wants its land use to be commercially zoned, it would be considered contract zoning if the government rezoned that particular area as commercial, based on an agreement by the business to restrict their use to avoid some type of operation that the government deemed to be objectionable to the public, such as emissions from a factory. Another instance of contract zoning is the restrictive agreement that in exchange for the land being given a commercially zoned classification, the business agrees not to build a large parking lot.
When considering purchasing a mother-in-law apartment there are several things to consider. Not only are you incurring a home purchase, you are also taking on renters that could potentially cause problems to your home and treat your house poorly and not take care of your investment. You are giving them a chance and opportunity to stay in your home but if they don't take care of that place then this could be a liability not an asset. However, there are a lot of individuals that will take care of your home and do a good job with up keep and care of the home. With that being said, if you are considering a mother-in-law with an FHA here are a few things that you should be aware of when getting the loan on this type of unit, since this is considered a ADU.
Accessory Unit / Accessory Dwelling Unit
The accessory unit is defined as a habitable living unit added to, created within, or detached from a single-family dwelling that provides the basic requirements for living, sleeping, eating, cooking, and sanitation.
Accessory Dwelling Units (ADUs) are commonly understood to be a separate additional living unit, including separate kitchen, sleeping, and bathroom facilities, attached or detached from the primary residential unit, on a single-family lot. ADUs are usually subordinate in size, location, and appearance to the primary unit and may or may not have separate means of ingress or egress.
Attached units, contained within a single-family home, known variously as "mother-in-law apartments," are the most common type of accessory dwelling unit. Accessory units usually involve the renovation of a garage, basement, or small addition to a single-family home.
“Accessory dwelling unit" means a subordinate dwelling unit may or may not be incorporated within, or detached from a single-family structure. Accessory units may not be subdivided or otherwise segregated in ownership from the primary residence structure.
Some accessory units may predate the adoption of local zoning ordinance and may therefore be classified as legal nonconforming units.
Utility Service Requirements
An accessory apartment must be connected to the utilities (except telephone, television and cable) of the dwelling unit and may not have separate services.
Maximum of 180 future effective bound.
Dwelling must be owner-occupied within 30 days of New Business effective date. Residential occupancy by the named insured is required.
Applicants signature is required on all Mono-Line applications.
Comply with Agency Standards regarding the ordering of credit reports.
Allstate Vehicle and Property Insurance Company Homeowner Rewrites - Applicants eligible for a renewal policy in the Allstate Vehicle and Property Insurance Company cannot be written as new business in the Allstate Vehicle and Property Insurance Company.
Prior Losses For Customers with supporting Auto (line 10 or 19)
No Supporting Auto Policy
-Major Roof Issues (holes, collapsing, sagging ect)
-Missing door or door falling off
- Any other condition which clearly presents an extreme likelihood of a significant liability loss under a home insurance policy.
The Exclusion Form must be provided to the RMBC, when requested, and faxed to the SWDC within 10 days of policy issuance.
- Dwelling values (Cov A or estimated replacement cost) equal to or greater than $750,000 or square footage equal to or greater than 4,600 - refer to the High Value Home requirements below.
-Policy must be in the name of an individual or individual and spouse/domestic partner.
- Commercial exposures and non-incidental business on the property are ineligible.
- The following home-based business are acceptable if written with ABI-BOP commercial support (either concurrent or existing):
- Photography studio
-Real estate sales
-Any home-based business for which an Active Business Owners Policy exists
-Corporations and partnerships for which an active Allstate Business Owners Policy exists
-Corporations and partnerships are unacceptable.
-Estates are unacceptable; however, Living Trusts may have an insurable interest as indicated below.
- Living Trusts are acceptable, but only when endorsed as an Additional Insured when all of the following conditions are met:
- The additional Insured Endorsement - AP4461 - is utilized;
-The Trust mist have legal title to the residence;
The Grantor must regularly occupy the residence premises or the Grantor occasionally occupy the dwelling and the risk is rated as a secondary /seasonal dwelling;
A copy of the Trust documentation is retained in the agent's office;
The following information must be supplied when completing the AP4461 - Additional Insured Trust Endorsement
Exact name of the Trust
Exact name and address of the Trustee
Land Contracts are acceptable in the name of the person purchasing the dwelling. Other Requirements include:
the agency collects and maintains a copy of the land contract Dwelling is the named insured's primary resience
The seller must be listed as a mortgagee so they are alerted to any cancellation or termination.
For existing business a name change may be endorsed only in the following scenarios:
A legal spouse is being added to the policy
A legal name change for the same individual has taken place
A change in ownership must result in a new business application For existing business, only the mailing address change may be endorsed onto the policy not the physical location. If the legal owner is no longer occupying the dwelling the RMBC must be notified.