Chapter 17 - Land Use Control and Development

Question 1

Why do government entities own land (4)?

Answer 1

1. Public interest (i.e., health, financial or legal services)
2. Advance urban renewal efforts that revitalize areas of blight or significant decline
3. To develop public housing communities
4. Conservation purposes

Question 2

What are the government’s powers over real estate?

Answer 2

PETE - Police power, eminent domain, taxation, and escheat

Question 3

Eminent Domain

Answer 3

the government’s right to take land for public use in exchange for compensation

Question 4

Escheat

Answer 4

the government’s right to take unclaimed property - typically when someone dies without heirs or if the property is abandoned

Question 5

Police Power

Answer 5

Has nothing to do with the police, but rather refers to how the government (state, local, municipal, etc.) regulates the use of real estate in order to protect the health, safety, and welfare of the community.

Question 6

Zoning Regulations

Answer 6

regulations that dictate whether or not you can use a property for residential, commercial or industrial purposes, typically set up by local governments.

Question 7

Master Plan aka Comprehensive Plan

Answer 7

A long-term planning document. It establishes the framework and key elements of a site reflecting a clear vision created and adopted in an open process. It synthesizes civic goals and the public’s aspirations for a project, gives them form and organization, and defines a realistic plan for implementation, including subsequent approvals by public agencies.

• -helps localities establish and enforce rules that dictate how development occurs
• -typically includes restrictions on buildings and other structures, such as the setback, size, height, shape, and other features
• -includes occupancy limits, parking structures, suburban and rural residential districts and both commercial and private land use
• -incorporation of community facilities (i.e., libraries, public schools, fire & rescue facilities, etc), sustainability goals, public and commercial transportation and protecting scenic views

Question 8

Commercial vs. Industrial real estate

Answer 8

industrial developments are generally areas established for manufacturing; commercial use is any activity, business or investment that operates for profit (ex: strip mall, insurance company or hair salon)

Question 9

Mixed-use Properties

Answer 9

Residential and Commercial property all in one building

Question 10

Net migration

Answer 10

the difference btwn the number of people moving into an area and the number of people leaving a region - determines how many schools are needed, type and number of roadways necessary to allow the safe non-congested movement of food and other goods, infrastructure and recreational areas that improve the quality of life for residents

Question 11

Building Envelope

Answer 11

A building envelope is the maximum three-dimensional space on a zoning lot within which a structure can be built, as permitted by maximum height, yard controls, and lot coverage. One of the main goals of a zoning analysis is to determine the building envelope. A building envelope is also referred to as the “bulk” of a building.

Question 12

Floor Area Ratio (FAR)

Answer 12

The floor area ratio, also referred to as FAR, is the principal bulk regulation controlling the size of buildings–maximum allowed “buildable” square footage on a property. FAR is the ratio of total building floor area to the area of the zoning lot. Each zoning district has a FAR control which, when multiplied by the lot area of the zoning lot, produces the maximum amount of floor area allowable in a building on the zoning lot.
–For example, on a 10,000 square foot zoning lot in a district with a maximum FAR of 1.0, the floor area of a building cannot exceed 10,000 square feet.

Question 13

Lot Area

Answer 13

The area (in square feet) of a zoning lot.

Question 14

Lot Coverage

Answer 14

That portion of a zoning lot which, when viewed from above, is covered by a building - maximum square feet a building can cover on the property stated as a number or percentage of the property’s area

Question 15

Variance

Answer 15

The authorization to improve or develop a particular property in a manner not authorized by zoning. Never assume that a variance will carry onto the next owner, always verify with local zoning authorities if the variance will stay in effect after the property is sold, significantly modified, or torn down.

Question 16

Zoning Resolution

Answer 16

written document that describes in detail what can be built on a particular property, based on the zone of the property–describes bulk regulations that must be followed when building a new house or expanding on an existing one.

Question 17

Yard Setbacks

Answer 17

A required open area along the property lines of a zoning lot, which must be unobstructed from the lowest level to the sky. Yard setbacks ensure light and air between buildings.

Question 18

Zoning

Answer 18

The separation or division of a city or town into districts, the regulation of buildings and structures in such districts in accordance with their construction and the nature and extent of their use, and the dedication of such districts to particular uses designated to serve the general welfare.

Question 19

Zoning District

Answer 19

A mapped residential, commercial, or manufacturing district with similar use, bulk and density regulations.

Question 20

Zoning Maps

Answer 20

Maps that indicate the location and boundaries of zoning districts within a municipality.

Question 21

Zoning Ordinance

Answer 21

A statement setting forth the type of use permitted under each zoning classification and specific requirements for compliance. In other words, zoning ordinances are a set of laws and regulations that define how a particular property can be used in order to protect the health & safety of the population
EX: regulate what uses are allowed on a particular property, the minimum and maximum size of a property, how densely a property can be developed and the maximum building size that can be built

Question 22

As-of-right

Answer 22

property that fully complies with the zoning resolution
*If a property is not built as of right, it may mean that the owner modified their house without first obtaining approvals and building permits from the local department of buildings–this is illegal and may result in an expensive building violation for the owner.

Question 23

Area Variance

Answer 23

allows the property owner to build a structure that does not fully comply with the dimensional requirements of the zoning resolution (yard setbacks, height, etc.).

Question 24

Use Variance

Answer 24

allows the owner to continue using a property in a manner that no longer complies with the most recent zoning resolution.

Question 25

Subdivision Regulations

Answer 25

The control of the division of a tract of land into individual lots by requiring development according to specific standards and procedures adopted by local ordinances.
–ensures that future owners, surrounding neighborhoods and the local municipality all benefit from the expansion

Question 26

Subdivision Plat

Answer 26

provides a visual layout of the proposed subdivision, and individual tracts w/in the subdivision. It also identifies the total acreage for development, and the approximate size of each residential tract, as well as areas dedicated for public use, such as sidewalks, alleys, and green spaces. Plus the map shows the location of both private and public roadways in proximity to the subdivision.

Question 27

Environmental Protection Agency (EPA)

Answer 27

created in 1970 during the Nixon administration to deal with emerging environmental problems caused by the excessive pollution from industrialization, transportation methods and unchecked hazardous chemical applications. The original goal was to stem the escalating negative impact on human health and the natural environment and Congress hoped to encourage and force individuals and businesses to take a more mindful approach to how we balance growth and progress with responsible stewardship

Question 28

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

Answer 28

also known as the Superfund, CERCLA became law in 1980 establishing a fund to clean up uncontrolled hazardous waste at sites identified by the EPA as priorities in need of immediate attention as well as set guidelines to minimize and prevent pollution threats and stabilize the environment by targeting sites with listed hazardous materials and any known contaminants.

Question 29

Do past owners have liability under EPA standards?

Answer 29

YES, both past and current owners may have liability under EPA standards–you need to research the history of a building site.

Question 30

Superfund Amendments and Reauthorization Act (SARA)

Answer 30

SARA reinforced EPA’s initial objectives and made changes based on knowledge gained. For example, SARA strengthened the focus on human health problems associated with hazardous waste sites and encouraged the public to get involved with decision-making processes behind initiating best practices for cleaning up dirty sites

Question 31

Safe Drinking Water Act (SDWA) vs. Clean Water Act (CWA)

Answer 31

established safety standards for public drinking water, including lakes, rivers, springs, streams and underground wells, but does not monitor or regulate private or commercial wells that serve fewer than 25 people.
vs
CWA primarily regulates source water, like the Great Lakes & the Mississippi River

Question 32

Clean Air Act (CAA)

Answer 32

gave the EPA the authority to establish nationwide standards to regulate hazardous air pollutants and to direct states to implement plans to appropriately mitigate air pollution by monitoring industrial activity and creating standards to reduce risks to public health and wellness.

Question 33

What’s the purpose of privately imposed land use controls?

Answer 33

to establish a common standard for the community rather than to restrict personal choice or hinder individuality. They’re typically attached to the property, not the individual owner, and they are transferred along with the deed when a property is sold.

Question 34

Building Code

Answer 34

A systematic regulation of construction of buildings within a municipality established by ordinance or law - includes construction types, building materials & supplies, and occupancy type

Question 35

Certificate of Occupancy

Answer 35

A document issued by a local government agency after satisfactory inspection of a structure authorizing that the structure can be occupied.

Question 36

What are the steps in land development?

Answer 36

1. Locate the land
2. Subdivide the land
3. Zoning & Planning
4. Feasibility study
5. Once project has been approved, building permits will be issued, meaning the developer can proceed with construction

Question 37

Feasibility Study

Answer 37

study that analyzes land zoning, environmental reports, and potentially traffic studies and local and regional impact reports to determine if the project can be profitable