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Zoning Not Changed After Planned Development Property was Split

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  • 09-23-2010, 09:48 AM
    Torrasproperties
    Zoning Not Changed After Planned Development Property was Split
    My question involves real estate located in the State of Georgia:

    There is a neighboring property to us that is 4.9 acres and zoned Planned Development. They were planning on building a number of condos on it. They couldn't sell the idea to anyone so they ended up selling us 2.9ac of the 4.9ac.

    The thing is, both our 2.9ac and the rest of their acreage are both still zoned Planned Development.

    It's property tax time and we're being taxed at a higher rate because of the PD zoning. How can the PD zoning still apply to us even though the original 4.9ac has been split up.

    The PD is not even feasible anymore because what they had planned could no way fit on our 2.9ac.

    We also found some law for our county that says:

    723.2(d) A site plan approved by the Planning Commission as the site plan for a PD district smaller than three (3) acres shall be valid indefinitely. Site plans for PD districts larger than three (3) acres, approved by the Planning Commission shall be valid for a period not to exceed twenty-four (24) months, unless within such period a building permit is obtained and construction is commenced.

    Ok, so if a PD is greater than 3 acres it is only valid for 24 months. What happens after that 24 month period? Does the land revert back to the previous zoning?

    We've asked all kinds of people and no one can really seem to give us a straight answer.



    All help is GREATLY appreciated!! Thanks!
  • 09-26-2010, 07:42 AM
    Mr. Knowitall
    Re: Zoning Not Changed After Planned Development Property was Split
    You purchased the land as zoned. If you believe the zoning should be changed due to the new circumstances, petition your local government.
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