Chapter 7: Land Regulation Use Flashcards
4 Powers of Government over Land Use- PETE
Police Power
Eminent Domain
Taxation
Escheat
- Inherent power of a state to adopt and enforce laws/regulations that promote health, safety, morals and general welfare of public
- Compensation is not paid
Police Power
Type of regulation designed to establish minimum standards of construction, such as plumbing, electrical wiring, building materials, etc. and is enforced by issuance of building permits
Building Codes
Type of regulation that guides and controls long term use and development of land within their jurisdiction, and purpose is to direct present and future growth
City/County Master Plans
Implementation of ordinances related to use of land/buildings
Zoning
Zoning ordinances regulate what:
- Land and building
- Structual design
- Types of improvements permitted
- Height and bulk of building
- Density, lot sizes and setbacks
True or False: Zoning is a police power
TRUE
What is the purpose of the zoning appeals board?
Hearing complains that individual owners have with local zoning ordinances, and offers power to grant variances/exceptions
Unpaid property tax results in specific lien
Taxation
Reverts to state ownership after individual dies without will or heirs
Escheat
What are the 5 types of Zoning?
- Residential
- Commercial
- Industrial
- Agricultual
- Public/Special Use
Permission for building that would otherwise violate zoning ordinances
Variance (Exception)
One that is inconsistent with and doesnt conform to the current zoning ordinances
Non-conforming use
When the zoning for a relatively small differs significantly from the zoning of adjoining areas
Spot Zoning
Change in zoning from a higher/active category to a lower, less active and less profitable category
Downzoning
True or False: If downzoning is so drastic that the property becomes essentially unusable, owners may contest action in court in attempt to receive $ for lossses
True
This zoning purpose is to control density by restrictions on setbacks lines, building heights and % of open areas. Prevent overcrowding
Bulk Zoning
Strip of land set aside to separate 2 types of land that are considered incompatible
Buffer Zone
This type of zoning results in the issuance of a zoning permit that allows a use that is not in compliance with surrounding local zoning already in affect
EX: zoning board might issue this allowing a hospital be built in a residential neighborhood
Conditional Use Zoning
What are the 2 private regulations of land use?
- Restrictive Covenants
2. Deed Restrictions
Restrict use of real property and usually contained in deed/agreement
Restrictive Covenants
Established by subdivisions original developers
Deed Restrictions
What usually affects size or # of buildings, size of lots, cost/type of structure, fende/hedge heights, setback lines, and prohibits against certain types of livestock/usage
Deed Restrictions
Equitable doctrine that bars a person from acting against another if a complaint has unduly delayed
Laches
What is it called when govt can be stopped from enforcing a new downsizing ordinance against a landowner, when the owner can show that he has incurred substantial costs after relying upon the govt prior assurances that he had met all zoning requirements?
Zoning Estoppel
True or False: When property is rezoned, government is NOT required to pay owner for decrease in value
TRUE. This is an example of Police Power, not eminent domain
Zoning/building codes are an example of what?
Police Power
Regardless of when the zoning ordinance was adopted or deed restriction recorded, the rule is what:
WHICHEVER is more restrictive will apply
