Term
| Goals of Land Use Control |
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Definition
preservation of property values
promotion of the highest and best use of property
balance between individual property rights and the public good, i.e., its health, safety and welfare
control of growth to remain within infrastructure capabilities
incorporation of community consensus into regulatory and planning activities |
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Term
| A community achieves its land usage goals through a three-phase process |
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Definition
development of a master plan for the jurisdiction
administration of the plan by a municipal, county, or regional planning commission
implementation of the plan through public control of zoning, building codes, permits, and other measures |
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Term
| comprehensive land use plans |
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Definition
| A planning commission manages the master plan and enforces it by exercising its power to establish zones, control building permits, and create building codes. also called "master plan" or "land use plan" |
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Term
| what is the primary objective of a master plan? |
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Definition
| The primary objectives of a master plan are generally to control and accommodate social and economic growth. |
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Term
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Definition
Public land use management takes place within county and municipal
long-term implementation of the master plan
creating rules and restrictions that support plans and policies
enforcing and administering land use regulation on an everyday basis |
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Term
| The planning commission is responsible for: |
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Definition
the commission makes recommendations to elected officials concerning land use policy and policy administration.
approving site plans and subdivision plans
approving building permits
ruling on zoning issues |
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Term
| List at least 3 goals of land use control |
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Definition
Preserve property values
Promote highest and best use
Balance property rights with public good
Control growth
Involve community in planning process. |
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Term
| what are the 3 phases of land use planning? |
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Definition
Master planning
Plan administration
Plan implementation—zoning, codes, permits. |
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Term
| why do communities care about growth trends? |
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Definition
| Too much growth of the wrong type or in the wrong place can overwhelm services and infrastructure. |
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Term
| what is police power in regards to land use control? |
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Definition
At the local level, county and city governments control land use through the authority known as police power.
The most common expressions of police power are county and municipal zoning. |
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Term
| what is the primary tool by which cities and counties regulate land use? |
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Definition
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Term
| what is zoning ordinance? |
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Definition
The vehicle for zoning a city or county is the zoning ordinance, a regulation enacted by the local government. The intent of zoning ordinances is to specify land usage for every parcel within the jurisdiction. In some areas, state laws permit zoning ordinances to apply to areas immediately beyond the legal boundaries of the city or county.
Zoning ordinances implement the master plan by regulating density, land use intensity, aesthetics, and highest and best use.
Ordinances typically address:
the nature of land use-- office, commercial, residential, etc.
size and configuration of a building site, including setbacks, sidewalk requirements, parking requirements, and access
site development procedures
construction and design methods and materials, including height restrictions, building-to-site area ratios, and architectural styles
use of space within the building
signage |
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Term
| what is Ordinance Validity? |
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Definition
| Local planners do not have unlimited authority to do whatever they want. Their zoning ordinances must be clear in import, apply to all parties equally, and promote health, safety, and welfare of the community in a reasonable manner. |
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Term
| what is a building permit? |
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Definition
| Local governments enforce zoning ordinances by issuing building permits to those who want to improve, repair, or refurbish a property. To receive a permit, the project must comply with all relevant ordinances and codes. Further zoning enforcement is achieved through periodic inspections. |
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Term
| what are some types of zones and importance of them? |
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Definition
One of the primary applications of zoning power is the separation of residential properties from commercial and industrial uses. Proper design of land use in this manner preserves the aesthetics and value of neighborhoods and promotes the success of commercial enterprises through intelligently located zones.
Six common types of zone are:
residential
commercial
industrial
agricultural
public
planned unit development (PUD) |
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Term
| what is residential zoning? |
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Definition
Residential zoning restricts land use to private, non-commercial dwellings. Sub-zones in this category further stipulate the types of residences allowed, whether single-family, multi-unit complexes, condominiums, publicly subsidized housing, or other form of housing.
Residential zoning regulates:
density, by limiting the number and size of dwelling units and lots in an area
values and aesthetics, by limiting the type of residences allowed |
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Term
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Definition
| limiting the number and size of dwelling units and lots in an area |
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Term
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Definition
| a buffer zone is used to separate residential areas from commercial and industrial zones. |
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Term
| what is commercial zoning? |
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Definition
Commercial zoning regulates the location of office and retail land usage. Some commercial zones allow combinations of office and retail uses on a single site. Sub-zones in this category may limit the type of retail or office activity permitted, for example, a department store versus a strip center.
Commercial zoning regulates:
intensity of usage, by limiting the area of store or office per site area. Intensity regulation is further achieved by minimum parking requirements, setbacks, and building height restrictions. |
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Term
| what is intensity in regards to commercial zoning? |
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Definition
| limiting the area of store or office per site area. Intensity regulation is further achieved by minimum parking requirements, setbacks, and building height restrictions. |
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Term
| what does industrial zoning regulate? |
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Definition
intensity of usage
type of industrial activity
environmental consequences
A municipality may not allow some industrial zones, such as heavy industrial, at all. The industrial park is a relatively recent concept in industrial zoning. |
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Term
| what is agricultural zoning? |
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Definition
| Agricultural zoning restricts land use to farming, ranching, and other agricultural enterprises. |
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Term
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Definition
| Public zoning restricts land use to public services and recreation. Parks, post offices, government buildings, schools, and libraries are examples of uses allowed in a public zone. |
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Term
| what is planned urban development zoning? |
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Definition
| Planned unit development zoning restricts use to development of whole tracts that are designed to use space efficiently and maximize open space. A PUD zone may be for residential, commercial, or industrial uses, or combinations thereof. |
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Term
| what is the zoning board of adjustment? |
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Definition
In effect, the zoning board is a court of appeals for owners and developers who desire to use land in a manner that is not entirely consistent with existing ordinances.
A zoning board generally deals with such issues and appeals as:
nonconforming use
variance
special exception conditional use permit
zoning amendment |
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Term
| what is nonconforming use in zoning? |
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Definition
A nonconforming use is one that clearly differs from current zoning. Usually nonconforming uses result when a zoning change leaves existing properties in violation of the new ordinance. This type of nonconforming use is a legal nonconforming use. A board usually treats this kind of situation by allowing it to continue either:
indefinitely
until the structures are torn down
only while the same use continues, or
until the property is sold |
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Term
| what is an illegal nonconforming use in zoning? |
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Definition
| An illegal nonconforming use is one that conflicts with ordinances that were in place before the use commenced. |
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Term
| what is variance in zoning? |
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Definition
A zoning variance allows a use that differs from the applicable ordinance for a variety of justifiable reasons, including that:
compliance will cause unreasonable hardship
the use will not change the essential character of the area
the use does not conflict with the general intent of the ordinance |
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Term
| Give an example of special exemption zoning? |
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Definition
Special Exception
A special exception grant authorizes a use that is not consistent with the zoning ordinance in a literal sense, yet is clearly beneficial or essential to the public welfare and does not materially impair other uses in the zone.
A possible example is an old house in a residential zone adjacent to a retail zone. The zoning board might grant a special exception to a local group that proposes to renovate the house and convert it to a local museum, which is a retail use, since the community stands to benefit from the museum. |
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Term
| give an example of an amendment to zoning? |
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Definition
Amendment
A current or potential property owner may petition the zoning board for an outright change in the zoning of a particular property. For example, a property zoned for agricultural use has been idle for years. A major employer desires to develop the property for a local distribution facility, which would create numerous jobs, and petitions for an amendment. The board changes the zoning from agricultural to light industrial to permit the development. Since a change in zoning can have significant economic and social impact, an appeal for an amendment is a difficult process that often involves public hearings. |
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Term
| Name four common types of zone. |
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Definition
residential
commercial
industrial
agricultural
public
planned unit development (PUD) |
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Term
| Give an example of a legal and illegal nonconforming use. |
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Definition
Legal: A motel is situated in a residential area that no longer allows commercial activity. The zoning board rules that the motel may continue to operate until it is sold, destroyed or used for any other commercial purpose.
Illegal: That same motel is sold, and the new owner continues to operate the property as a motel. |
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Term
| What conditions are necessary for a special exception to a zoning regulation? |
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Definition
| The requested use must be beneficial or essential to the public welfare and may not materially impair other uses in the zone. |
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Term
| what is a subdivision plat approval? |
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Definition
he developer submits a plat of subdivision containing surveyed plat maps and comprehensive building specifications. The plat, as a minimum, shows that the plan complies with local zoning and building ordinances. The project can commence only after the relevant authority has approved the plat.
Subdivision requirements typically regulate:
location, grading, alignment, surfacing, street width, highways
sewers and water mains
lot and block dimensions
building and setback lines
public use dedications
utility easements
ground percolation
environmental impact report
zoned density |
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Term
| what is Extraterritorial Jurisdiction? |
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Definition
| In some states, subdivisions of land that are located within a certain distance of an incorporated city or town must be approved by the municipality. In counties that are densely populated, the county must approve subdivisions. This is called extraterritorial jurisdiction, or ETJ. A buyer of property outside city limits must be notified that the city may annex the property into the city at some time in the future. As long as the property remains in the ETJ the municipality has no right to control land use. If the municipality does annex the property, however, the city would have the right to control land use. |
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Term
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Definition
| Many states have adopted policies that require developers, especially of subdivisions, to take responsibility for the impact of their projects on the local infrastructure by taking corrective action. Concurrency is a policy that requires the developer to make accommodations concurrently with the development of the project itself, not afterwards. For example, if a project will create a traffic overload in an area, the developer may have to widen the road while constructing the project. |
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Term
| what are FHA Requirements for subdivisions? |
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Definition
| In addition to local regulation, subdivisions must meet FHA (Federal Housing Authority) requirements to qualify for FHA financing insurance. The FHA sets standards similar to local ordinances to ensure an adequate level of construction quality, aesthetics, and infrastructure services. |
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Term
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Definition
Building codes allow the county and municipality to protect the public against the hazards of unregulated construction. Building codes establish standards for virtually every aspect of a construction project, including offsite improvements such as streets, curbs, gutters, drainage systems, and onsite improvements such as the building itself.
Building codes typically address:
architectural and engineering standards
construction materials standards
building support systems such as life safety, electrical, mechanical, and utility systems |
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Term
| what is a certificate of occupancy? |
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Definition
| Building inspectors inspect a new development or improvement for code compliance. If the work complies, the municipality or county issues a certificate of occupancy, which officially clears the property for occupation and use. |
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Term
| what is the first step in acquiring a property through eminent domain? |
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Definition
| To acquire a property, the public entity must first adopt a formal resolution, often called a "resolution of necessity." The government agency must demonstrate that the project is necessary, that the property is necessary for the project, and that the location offers the greatest public benefit with the least detriment. The resolution must be adopted at a formal hearing where the owner may voice an opinion. Once adopted, the government agency may commence a condemnation suit in court. |
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Term
| what is deed restriction? |
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Definition
A restriction expressed in a conveyance (deed or lease) of a residential, commercial, or industrial property places limits on the use of the property. A quitclaim deed can terminate a private deed restriction. Such restrictions are also referred to as "covenants, conditions, and restrictions," or CCRs. Most covenants have a time limit. At that time, those who own the property may agree to extend or renew existing CCRs.
Typical deed restrictions concern:
required minimum area of a residence
setback
prohibition against construction of sheds or secondary buildings
prohibition against conducting certain commercial activities |
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Term
| what is a deed condition? |
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Definition
| Restrictions that provide for a reversion of title if they are violated are called deed conditions. A deed condition may restrict certain uses of a property, much like a deed restriction. If a condition is violated, ownership reverts to the grantor. These conditions create a defeasible fee estate, as discussed in an earlier chapter. |
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Term
| what are restrictive covenants? |
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Definition
Restrictive covenants are promises by those who purchase property in the subdivision to limit the use of their property to comply with the requirements of the restrictive covenants. Therefore, they are negative easements.
Restrictions must be reasonable, and they must benefit all property owners alike.
If the subdivision is in a zoned area, restrictive covenants have priority over the zoning ordinance to the extent that the covenants are more restrictive than the zoning requirements. For example, if zoning says that multi-family homes are allowed but the restrictive covenants prohibit multi-family dwellings, the restrictive covenants take precedence and will be enforced. |
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Term
| name a few typical restrictions you might see in a subdivision declaration of restrictions - |
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Definition
Only single-family homes are allowed.
Homes must have a specified minimum number of square feet of living area.
Only one home is allowed per lot.
Lots may not be subdivided.
Homes must be architecturally similar. All site plans and structure specifications must be approved by a committee before construction.
Buildings must be set back a certain number of feet from the front property line and from the interior property lines. (This is referred to as setback requirements.)
No temporary buildings are permitted.
Either one property owner or several owners can initiate a court action to enforce the covenants.
Covenants are in effect for a certain period of time. Some restrictions are automatically renewed, but can be changed by a vote of the property owners. |
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Term
| Restrictive covenants may be terminated in any of these ways. |
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Definition
The specified time period of the covenant expires.
The property owners vote to end the restrictions. This may require a unanimous vote of all owners or a smaller vote of some subset of owners, depending on how the restriction was written.
Over time the character of the subdivision changes making it more suitable for some other kind of use.
The property owners choose not to follow the original plan by violating their own restrictions. In this kind of situation, any attempt to later enforce the restrictions might be disallowed by a court.
The owners do not enforce the restrictions in a timely manner. |
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Term
| what is the doctrine of laches? in regard to declaration restrictions |
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Definition
| f the property owners wait until an inappropriate structure is complete before they petition the court for enforcement, the court may choose not to enforce the restriction and terminate it altogether. When a court terminates a covenant in this way, the court is applying the Doctrine of Laches. This doctrine states that if a property owner is lax in protecting his or her rights, the property owner may lose those rights. |
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Term
| What do subdivision regulations usually cover? |
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Definition
Location, grading, surfacing, alignment and widths of streets and highways
Sewer and water main installation
Minimum dimensions of property lots
Setback lines for structures
Areas reserved for public use, such as parks and schools
Public utility easements |
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Term
| what is the policy of concurrency? |
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Definition
| The policy requires subdivision developers, at the same time as they are developing their projects, to make improvements that will minimize the negative impact of the project on municipal infrastructure. |
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Term
| what does eminent domain allow a government to do? |
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Definition
| Eminent domain allows a government entity to purchase a fee, leasehold, or easement interest in privately owned real property for the public good and for public use, regardless of the owner's desire to sell or otherwise transfer any interest. In exchange for the interest, the government must pay the owner "just compensation." |
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Term
| What do deed restrictions do? |
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Definition
| Deed restrictions place limits on how the property may be used. |
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Term
| What is the Doctrine of Laches? |
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Definition
| This doctrine states that if a property owner is lax in protecting his or her rights, the property owner may lose those rights. |
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Term
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Definition
| Requires the EPA to develop air quality standards for existing pollutants, along with establishing air standards for new sources of pollution. |
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Term
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Definition
| Creates a regulatory structure for the discharge of pollution into waterways. |
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Term
| Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) |
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Definition
| Addresses what to do with hazardous waste sites; established the Superfund to pay for cleanup. |
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Term
| Superfund Amendments and Reauthorization Act (SARA) |
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Definition
| Stresses the need for and importance of permanent remedies along with the development and use of new treatment technologies for waste-site cleanup. |
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Term
| Resource Conservation and Recovery Act (RCRA) |
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Definition
| Gives the EPA the authority to control hazardous waste throughout its entire lifecycle, including its generation, transportation, treatment, storage, and disposal. RCRA focuses only on active and future facilities. |
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Term
| Comprehensive Environmental Response, Compensation, and Liability Act, or CERCLA is also known as the |
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Definition
| Superfund. he tax revenue, originally from chemical and petroleum industries, goes into a trust fund used for cleaning up large or abandoned hazardous waste sites where no clearly responsible party can be identified. |
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Term
| what is a superfund site? |
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Definition
| ver the years, the EPA has examined tens of thousands of sites across the country, placing contaminated properties where hazardous waste is located - called superfund sites on a national priorities list |
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Term
| what is a common reason a property may be designated as a superfund site? |
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Definition
| One common reason a property may be designated as a Superfund site is the presence of an underground storage tank (UST). Underground storage tanks hold a variety of substances such as heating oil, gasoline, chemicals, and hazardous waste. Underground storage tanks can threaten human health and the environment because they may leak, contaminating soil and groundwater. |
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Term
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Definition
| The term “brownfields” refers to real properties whose expansion, redevelopment, or reuse may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. The Brownfields Revitalization Act amended CERCLA in 2002 to provide funds for the cleanup of designated brownfield sites. The legislation also provides guidelines and tax incentives for reinvesting in these old industrial properties to protect the environment, reduce blight, and take development pressures off green spaces and working lands. |
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Term
| what is an environmental site assessment (ESA)? |
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Definition
| investigation of a contaminated property or brownfield property to determine any potential liability |
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Term
| what is innocent landowner immunity? |
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Definition
| The Superfunds Amendments and Reauthorization Act (SARA) created a concept called “innocent landowner immunity.” Current landowners are NOT liable if they did not create the contamination and it was not present on the site when the title was taken, providing there is proof that the buyer followed a process of due diligence, preferably an environmental assessment prior to entering into a contract to buy or lease. |
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Term
| how are wetlands protected? |
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Definition
| under sections of the Clean Water Act that deal with the dredging or filling of waters in the United States, including wetlands. It is intended to minimize damage to these important natural habitats. The U.S. Army Corps of Engineers has the responsibility to regulate and enforce these laws, with the EPA having ultimate authority. |
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Term
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Definition
Asbestos is a fibrous material derived from a naturally occurring group of minerals. In the past, asbestos was commonly found in many building materials because of its insulating, heat-resistant, and fire-resistant properties, for example, cement, ceiling tiles, pipe or ductwork insulation, shingles, and siding.
In its stable state, asbestos poses little to no threat. However, the fibers are easily crumbled and can become powdery when handled, which is known as friable. Once friable, asbestos particles can become airborne, and people can inhale them, trapping them in lung tissue or the digestive tract. Over time, the accumulation causes inflammation and scarring, which, in turn, can lead to a variety of breathing problems and an increased risk for developing many different illnesses, including cancer. |
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Term
| How was lead used in construction and what were the effects? |
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Definition
| Lead is a metal that was frequently used for pipes and solder of plumbing systems prior to the 1930s. Lead present in water is colorless, odorless, and tasteless. Until 1978, lead was added to both exterior and interior paint as a drying agent and for pigmentation. Unfortunately, research found that digesting or inhaling lead or lead dust causes various health issues. In children, the list of symptoms associated with lead poisoning is extensive. Some early signs of lead poisoning include chronic fatigue or hyperactivity, loss of appetite or weight loss, difficulty sleeping, irritability, and reduced attention span. Adults also face serious dangers from lead poisoning, including fertility problems, high blood pressure, nerve damage, memory loss and concentration problems, muscle and joint pain, and birth defects in their children. |
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Term
| what is the required lead disclosure? |
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Definition
| Because of the potential exposure to the damaging effects of lead in the home, the federal Residential Lead-based Paint Hazard Reduction Act or Title X was passed in 1992. It requires sellers, real estate licensees, property management companies, sellers, and landlords to disclose known lead paint hazards for homes built prior to 1978 |
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Term
| True or False? Sellers are not required to test for or remove lead paint and/or other lead hazards. |
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Definition
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Term
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Definition
Radon is naturally occurring radioactive uranium that emanates from rocks, soil, and water as it decays. It is the densest gas known and is odorless, colorless, and tasteless. Since it is radioactive, it has been identified as a cancer-causing agent. Lung cancer is the primary health concern of extended exposure to radon. It may also contribute to other health issues, such as allergies, asthma, hypertension, diabetes, and birth defects.
The presence of radon can vary from location to location, and from house to house. Thus, one house might have a radon problem, while another on the same street might not. The levels within a house can also vary depending on weather conditions and time of year. Radon enters a home from the ground, usually through cracks or holes in the foundation, but can also creep in from uncovered sump pumps and crawl spaces. It can be more of a problem in newer homes, which are built to be more airtight. |
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Term
| What are the dangers of mold in a house? |
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Definition
Produces allergens which trigger allergic reactions
Triggers asthma attacks
Causes chronic fatigue
Causes digestive problems
Can cause neurological problems |
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Term
| Why are wetlands protected? |
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Definition
They prevent flood damage
They filter groundwater runoff improving quality of local water
They provide habitats and food sources for various wildlife |
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Term
| What health problems are associated with Lead Paint? |
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Definition
In children can cause chronic fatigue or hyperactivity, loss of appetite or weight loss,
Difficulty sleeping, irritability, and reduced attention span.
In adults can cause high blood pressure, nerve damage, memory loss and concentration problems, muscle and joint pain, and birth defects in their children. |
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Term
| Why do only homes built before 1978 have to disclose lead paint? |
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Definition
| Paints stopped having lead added as a drying agent in 1978. |
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