Chapter 5: Public Restrictions on Land Flashcards
Lane Use controls: define police power
The police power is the power of state and local governments to enact and enforce laws for the protection of the public’s health, safety, morals, and general welfare.
Lane Use controls: Comprehensive Plan
A comprehensive plan sets long-term development goals for a community.
The agency responsible for preparing the plan is usually called the planning commission.
A comprehensive plan is sometimes called a master plan.
Land use control: Zoning
Zoning ordinances regulate the uses of property within specified areas in a community.
Each area is zoned for a particular type of use.
land use control: nonconforming use
A nonconforming use is a property use that doesn’t conform to current zoning requirements, but did conform to zoning laws in place at the time the use began.
Generally, a nonconforming use can continue but only under certain conditions.
Land use control: Variance
A variance is permission from the local zoning authority to use property or build a structure in a way that violates the strict terms of the zoning ordinance.
Lane use control: conditional use
A conditional use is a use in the public interest (such as a school or hospital) that is allowed to operate in a neighborhood where it would otherwise be prohibited by the zoning.
Conditional uses are also called special exceptions.
Lane use control: rezone
A rezone is an amendment to a zoning ordinance, usually changing the uses allowed in a particular zone. It is also called a zoning amendment.
Building codes/Subdivision Req: the WA land development act
The Washington Land Development Act requires developers to give prospective buyers a disclosure statement.
It may apply when unimproved lots are sold to the general public in Washington.
Building codes/Subdivision Req: ILSA
The Interstate Land Sales Full Disclosure Act is a federal consumer protection law that applies to subdivisions offered for sale or lease in interstate commerce.
Environmental Laws: Shoreline Management Act
The purpose of the Shoreline Management Act is to protect Washington’s shorelines by regulating development near coastal waters and large lakes and streams.
Environmental laws: NEPA
The National Environmental Policy Act requires an environmental impact statement to be prepared for any governmental action that may have a significant impact on the environment.
It also applies to private uses or developments that require the approval of a federal agenc
Environmental Laws: SEPA
The State Environmental Policy Act requires an environmental impact statement for certain developments.
It applies to all actions of state and local agencies that may have a significant effect on the environment.
It also applies to private uses or developments that require the approval of the state, county, or city.
Environmental Laws: CERCLA
The Comprehensive Environmental Response, Compensation, and Liability Act concerns liability for environmental cleanup costs.
In some cases, the current owners of contaminated property may be required to pay for cleanup, even if they did not cause the contamination.
Environmental laws: Environmental Hazards
Homeowners and real estate agents should be aware of the dangers posed by various environmental hazards, such as asbestos, radon, mold, urea formaldehyde, lead-based paint, and geologic hazards.
General Real Estate Taxes
Levied against all properties
Ad valorem
Annual tax
