Chapter 18: Land-Use Controls Flashcards
What are the Police Powers that regulate privately owned real estate?
- City Planning
- Zoning
- Subdivision regulations
- Codes that regulate building construction safety, and public health
- Environmental protection legislation
What is city planning?
- Provides a master plan (shows 20 yrs. for a zone).
- Scheduling public works programs
- Controlling subdivision developments
- Prepare, modify, & administer zoning ordinances & regulations.
- Normally a planning commission will do this
What are zoning ordinances?
Laws of “local government authorities” such as cities and counties that regulate and control the use of land and structures within designated district or zones
What does zoning regulate and affect?
- Use of land
- Lot size
- Types of structures permitted
- Building height
- Setback
- Density (Ratio of land area/population or structure area/population)
What is a setback?
The minimum distance away from streets or sidewalks that structures may be built
How do states confer Zoning powers to municipal governements?
Enabling acts
What are buffer zones?
Landscaped parks or playgrounds to separate and screen residential areas from nonresidential areas.
What are some special types of zoning?
- Bulk Zoning:
control density & avoid overcrowding through restrictions on setbacks, building heights, and % of open areas - Aesthetic or Historical Zoning:
Requires new buildings to conform to specific types of architecture - Incentive Zoning:
allows a developer to build a larger, higher-density project than would be permitted under existing zoning. In exchange, the developer provides something that is in the community’s interest that would not otherwise be required (e.g., open space, plazas, arcades, etc.)
Requires that street floors of buildings be used for retail establishments
- Directive Zoning:
Using zoning as a planning control to encourage use of land for its highest and best use - Down Zoning:
Changing zoning from more active to least active classification.
MORE ACTIVE LEAST ACTIVE
Commercial — Residential — Agricultural
What is nonconforming use?
A building is built before its zoning changed so it is not in violation
If a master plan or new zoning is enacted that inconveniences an owner resulting in them wanting to change the “use of the property”, they would appeal for what type of permit?
A variance or conditional use permit
What is a conditional use permit?
Is granted to owner to allow a special use of the property that is in the public’s best interest
What is a variance permit?
is granted to an owner who suffered hardship as a result of an ordinance
How do property owners go about changing their zoning classification for a parcel of real estate?
Obtain an “amendment”
What is spot zoning?
The granting to a particular parcel of land a classification concerning its use that differs from the classification of other land in the immediate area.
the process of singling out a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of such property and to the detriment of other owners.
What do subregulations regulate?
- widths of streets, location, grading, alignment, surfacing, and other rights of way
- Installation of sewer and water mains
- Minimum dimensions of lots and lengths of blocks
- Building and setback lines
- Areas to be reserved or dedicated for public use (parks or schools)
- Easements for public use
