Due Diligence Report - Zoning Restrictions & Bulk Requirements

Each zone will have certain restrictions imposed to guide development patterns on each specific property. As an example, a residential land use with R-4 zoning classification; in this case 4 lots per acre or may be defined by lot size i.e. 10,000 sq. ft. minimum.

The bulk requirements listed below are shown on the single family lot illustration. If an applicant or the property owner wants to change any of the bulk requirements i.e. change the minimum lot size to 8,000 sq. ft. minimum, government must approve of this change through a variance procedure. In many over developed areas, variances to the bulk requirements are difficult if not impossible to obtain. In growing communities, government officials will at least listen to and approve/disapprove the variance request on its merits. It is incumbent upon the applicant to make the case why the variance should be approved by local government.

Subdivision Bulk Requirements - as an example:

Minimum Lot Size: 10,000 sq. ft.
Maximum Density: 4 Unit per acre
Minimum Lot Width: 75-ft.
Minimum Lot Frontage: 25-ft.
Minimum Lot Depth: 100-ft.
Front Setback: 25-ft.
Side Yard Setback: 10-ft.
Minimum Rear Yard Setback: 25-ft.
Max. Project Impervious Surface: 25%

Typical constraints on property are easements or rights-of-ways imposed on the property resulting from various actions by the land owner or government. As an example, a single family residential zone may have a 10-foot wide shade tree or utility easement along the front property line. This easement may restrict the property owner from using this 10-ft. wide area for their enjoyment and use. Many land owners have sold rights-of-ways to utility companies for the installation of overhead high tension power lines. The width of these easements will vary but may be as wide as 300-ft. and traverse the property at any angle. Not only do these ROW’s restrict the use of the property but the development pattern is restricted and the marketing potential of the land is diminished.

Other easements that restrict the use of property may be for the installation of public utilities i.e. sewer lines, water lines, storm drainage systems, or for ingress-egress. As outlined in a previous post, flood plains, jurisdictional streams, buffers, and wetland areas will also be illustrated on the property survey and restrict the development pattern of the property.