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WY Real Eatate > Chapter 8 - Land Use Planning and Control > Flashcards

Chapter 8 - Land Use Planning and Control Flashcards

1
Q

In most jurisdictions, the master plan is managed by

A

the planning commission

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2
Q

To be valid, a local zoning ordinance must

A

reasonably promote community health, safety and welfare

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3
Q

The approval process for the development of multiple properties in an area includes submission of

A

a plat of the subdivision

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4
Q

Define master plan

A

a fusion of land use laws and local land use objectives

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5
Q

A non-profit organization wants to erect a much-needed daycare center in a residential zone. Given other favorable circumstances, the local authorities grant permission by allowing

A

a special acception

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6
Q

What is the fundamental purpose of a building permit?

A

to ensure that improvements comply with codes

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7
Q

While the Constitution guarantees the right of individual ownership of real estate, it does not

A

not guarantee the uncontrolled sale, use, and development of real estate.

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8
Q

Without a central authority to exert control, land use

A

tends to be chaotic

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9
Q

Over time, public and private control of land use has come to focus on certain core purposes. These are:

A

 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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10
Q

The optimum management of real property usage must take into account

A

both the interests of the individual and the interests of the surrounding community.

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11
Q

A community achieves its land usage goals through a three-phase process, as the exhibit illustrates:

A

 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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12
Q

A planning commission manages

A

the master plan and enforces it by exercising its power to establish zones, control building permits, and create building codes.

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13
Q

Public land use planning incorporates

A

long-term usage strategies and growth policies in a land use plan, or master plan

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14
Q

The primary objectives of a master plan are

A

generally to control and accommodate social and economic growth

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15
Q

A master plan sets specific guidelines

A

on how much growth the jurisdiction will allow.

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16
Q

To formulate a growth strategy, a plan initially forecasts

A

growth trends, then estimates how well the municipality can keep pace with the growth forecast

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17
Q

A growth plan considers:

A

 nature, location and extent of permitted uses
 availability of sanitation facilities
 adequacy of drainage, waste collection, and potable water systems
 adequacy of utilities companies
 adequacy and patterns of thoroughfares
 housing availability
 conservation of natural resources
 adequacy of recreational facilities
 ability and willingness of the community to absorb new taxes, bond issues, and assessments

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18
Q

In addition to the quantity of growth, a master plan also defines

A

what type of growth will occur, and where

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19
Q

Growth patterns major considerations are:

A

 the type of enterprises and developments to allow
 residential density and commercial intensity
 effects of industrial and commercial land uses on residential and public sectors, i.e., where to allow such uses
 effect of new developments on traffic patterns and thoroughfares
 effects on the environment and environmental quality (air, water, soil, noise, visual aspects)
 effect on natural resources that support the community
 code specifications for specific construction projects

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20
Q

As the master plan sets forth guidelines for how much

A

growth will be allowed, it must also make plans for accommodating expanding or contracting demand for services and infrastructure

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21
Q

The master plan must identify:

A

 facilities requirements for local government
 new construction requirements for streets, schools, and social services facilities such as libraries, civic centers, etc.
 new construction required to provide power, water and sewer services

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22
Q

In response to land use objectives, community attitudes, and conclusions drawn from research, the planning personnel formulate their plan. In the course of planning, they analyze

A

 population and demographic trends
 economic trends
 existing land use
 existing support facilities
 traffic patterns

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23
Q

Public land use management takes place within county and municipal

A

planning departments

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24
Q

Planning departments are responsible for:

A

 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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25
Q

In most jurisdictions, a planning

A

commission or board comprised of officials appointed by the government’s legislative entity handles the planning function.

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26
Q

The planning commission oversees the

A

operations of the department’s professional planning staff and support personnel. In addition, the commission makes recommendations to elected officials concerning land use policy and policy administration.

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27
Q

The planning commission is responsible for

A

 approving site plans and subdivision plans
 approving building permits
 ruling on zoning issues

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28
Q

At the state level, the legislature enacts laws that control and restrict land use, particularly from the

A

environmental perspective

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29
Q

At the local level, county and city governments control land use through

A

the authority known as police power

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30
Q

The most common expressions of police power are

A

county and municipal zoning

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31
Q

examples of public land use control are:

A

 subdivision regulations
 building codes
 eminent domain
 environmental restrictions
 development requirements

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32
Q

Governments also have the right to own

A

real property for public use and welfare.

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33
Q

Where necessary, governments may force property owners to

A

sell their property through the power of eminent domain.

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34
Q

_____ is the primary tool by which cities and counties regulate land use and implement their respective master plans

A

zoning

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35
Q

The Constitution grants the states the legal authority to regulate, and the states delegate

A

the authority to counties and municipalities through legislation called enabling acts

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36
Q

The vehicle for zoning a city or county is

A

the zoning ordinance, a regulation enacted by the local government

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37
Q

Zoning ordinances implement the master plan by

A

regulating density, land use intensity, aesthetics, and highest and best use

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38
Q

Zoning ordinances typically address:

A

 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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39
Q

In order to be valid zoning ordinances must be

A

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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40
Q

Local governments enforce zoning ordinances by issuing

A

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.

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41
Q

One of the primary applications of zoning power is

A

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

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42
Q

Six common types of zone are

A

 residential
 commercial
 industrial
 agricultural
 public
 planned unit development (PUD)

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43
Q

Residential zoning restricts

A

land use to private, non-commercial dwellings.

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44
Q

Residential zoning regulates:

A

 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. Some areas adopt buffer zones to separate residential areas from commercial and industrial zones.

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45
Q

Commercial zoning regulates

A

the location of office and retail land usage. Some commercial zones allow combinations of office and retail uses on a single site

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46
Q

Industrial. Industrial zoning regulates

A

 intensity of usage
 type of industrial activity
 environmental consequences

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47
Q

Agricultural zoning restricts

A

land use to farming, ranching, and other agricultural enterprises.

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48
Q

Public zoning restricts

A

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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49
Q

planned unit development zoning restricts

A

use to development of whole tracts that are designed to use space efficiently andmaximize open space. A PUD zone may be for residential, commercial, or industrial uses, or combinations thereof

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50
Q

A county or local board, usually called the zoning board of adjustment or zoning appeals board, administers

A

zoning ordinances

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51
Q

A zoning board generally deals with such issues and appeals as:

A

 nonconforming use
 variance
 special exception or conditional use permit
 zoning amendment

52
Q

A nonconforming use is one that

A

clearly differs from current zoning. Usually, nonconforming uses result when a zoning change leaves existing properties in violation of the new ordinance

53
Q

A board usually treats legal nonconforming use by allowing it to either:

A

 indefinitely
 until the structures are torn down
 only while the same use continues, or
 until the property is sold

54
Q

illegal nonconforming use is one that

A

conflicts with ordinances that were in place before the use commenced

55
Q

A zoning variance allows

A

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

56
Q

A special exception grant authorizes

A

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.

57
Q

A current or potential property owner may petition the zoning board for an

A

amendment - outright change in the zoning of a particular property.

58
Q

Subdivision plat approval. The developer submits a plat of subdivision containing

A

surveyed plat maps and comprehensive building specifications

59
Q

Subdivision requirements typically regulate

A

 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

60
Q

Concurrency is a policy

A

that requires the developer to make accommodations concurrently with the development of the project itself, not afterwards

61
Q

In addition to local regulation, subdivisions must meet

A

FHA (Federal Housing Authority) requirements to qualify for FHA financing insurance.

62
Q

Building codes allow

A

the county and municipality to protect the public against the hazards of unregulated construction

63
Q

Building codes typically address

A

 architectural and engineering standards
 construction materials standards
 building support systems such as life safety, electrical, mechanical, and utility systems

64
Q

Building inspectors inspect a new development or improvement for code compliance. If the work complies

A

the municipality or county issues a certificate of occupancy which officially clears the property for occupation and use.

65
Q

If efforts to regulate privately owned property are inadequate or impractical in a particular situation, or if there is a compelling public need, a county or local government may

A

acquire property by means of direct purchase.

66
Q

A government body might acquire land because of the public need for:

A

 thoroughfares and public rights-of-way
 recreational facilities
 schools
 essential public facilities
 urban renewal or redevelopment

67
Q

Eminent domain allows

A

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

68
Q

Public entities that have the power of eminent domain include

A

 all levels of government
 public districts (schools, etc.)
 public utilities
 public service corporations (power companies, etc.)
 public housing and redevelopment agencies
 other government agencies

69
Q

To acquire a property, the public entity must first adopt a formal resolution to acquire the property, variously called a

A

“resolution of necessity.”

70
Q

In order to proceed with condemnation, the government agency must

A

demonstrate that the project is necessary, the property is necessary for the project, and that the location offers the greatest public benefit with the least detriment.

71
Q

Property owners in the private sector can regulate land use

A

to some extent through deed restrictions and deed conditions.

72
Q

A restriction expressed in a conveyance (deed or lease) of a residential, commercial, or industrial property places limits

A

on the use of the property.

“covenants, conditions, and restrictions” CC&Rs

73
Q

Typical deed restrictions concern:

A

 required minimum area of a residence
 setback
 prohibition against construction of sheds or secondary buildings
 prohibition against conducting certain commercial activities

74
Q

The declaration of a subdivision, Planned Unit Development, condominium, and commercial or industrial park contains

A

private use restrictions

75
Q

The underlying purpose of deed restrictions is to

A

preserve the value and quality of the neighborhood, commercial center, or industrial park.

76
Q

A private usage restriction can be enforced by filing

A

for a court injunction

77
Q

A deed condition may

A

restrict certain uses of a property, much like a deed restriction.

78
Q

ederal and state legislatures have enacted laws to conserve and protect the environment against

A

the hazards of growth and development, particularly in terms of air, water, and soil quality

79
Q

Air quality, both indoor and outdoor, has been a matter of concern since

A

the 1960’s. With today’s construction methods creating airtight, energy-efficient structures, attention to sources of indoor air pollution is more important than ever.

80
Q

Among the significant air threats are:

A

-asbestos
-carbon monoxide
-formaldehyde
-lead
-mold
-radon

81
Q

asbestos

A

a powdery mineral once commonly used as a fireproof insulating material around pipes, in floor tiles and linoleum, in siding and roofing, in wallboard, joint compound, and many other applications

82
Q

carbon monoxide

A

a colorless, odorless, poisonous gas that may result from faulty heating equipment. Home and commercial detection devices are available.

83
Q

formaldehyde

A

a chemical used in building materials and in other items such as fabrics and carpeting. As it ages, formaldehyde gives off a colorless, pungent gas.

84
Q

lead

A

a heavy metal once widely used in paints and plumbing materials. It has been banned in paint since 1978 and in new plumbing since 1988.

85
Q

mold

A

a fungus that grows in the presence of moisture and oxygen on virtually any kind of organic surface

86
Q

radon

A

a colorless, odorless, radioactive gas that occurs naturally in the soil throughout the United States.

87
Q

Soil, groundwater, and drinking water supplies are vulnerable to pollution from

A

leaking landfills; improper waste disposal; agricultural runoff; industrial dumping in waterways; highway and rail spills; industrial emissions; internal combustion emissions; and underground tanks leaking fuels and chemicals,

88
Q

Some of the problems subject to soil and water controls are:

A

-dioxins
-lead & mercury
-MTBE - Methyl Tertiary Butyl Ether
-PCB - Polychlorinated biphenyl
-Underground storage tanks (USTs)
-Wetlands

89
Q

dioxins

A

a family of compounds produced as a byproduct of manufacturing and incinerating materials that contain chlorine

90
Q

MTBE, Methyl Tertiary Butyl Ether,

A

a gasoline additive

91
Q

PCB, Polychlorinated Biphenyl,

A

a substance formerly widely used as an electrical insulation

92
Q

Wetlands

A

considered part of the natural water filtering system as well as special habitats, subject to restrictions on development and use.

93
Q

Other regulated and controlled environmental conditions include:

A

 Electromagnetic Fields (EMFs) created by powerlines
 noise created by airports, air, rail and highway traffic
 earthquake and flood hazards that affect hazard insurance, lending practices, and construction requirements for buildings in designated flood and earthquake zones.

94
Q

Solid Waste Disposal Act

A

1965 (1976,
1999, 2002)
regulated landfills

95
Q

Air Quality Act, Clean Air Act

A

1967 (1970)
regulated air quality standards

96
Q

National Environmental Policy Act (NEPA)

A

1969 (1970)
created EPA

97
Q

Flood Control Act

A

amended 1969
building in flood zones; flood insurance

98
Q

Resource Recovery Act

A

1970
solid waste disposal

99
Q

Water Quality Improvement Act

A

1970
dumping in navigable waters; wetlands

100
Q

Water Pollution Control Act amendment

A

1972
dumping in navigable waters; wetlands

101
Q

Marine Protection Research and Sanctuaries Act

A

1972
offshore waste dumping

102
Q

Noise control legislation

A

1972
airport- and transportation-related noise

103
Q

Coastal Zone Management Act

A

1972
beaches, marine habitats

104
Q

Clean Water Act

A

1972 (1977)
dumping in navigable waters; wetlands

105
Q

Safe Drinking Water Act

A

1974
public water supply, lead

106
Q

Resource Conservation and Recovery Act (RCRA)

A

1976
hazardous waste, solid waste

107
Q

Toxic Substances Control Act

A

1976
industrial chemicals

108
Q

Lead-based paint ban (US Consumer Product Safety Commission rule)

A

1978
lead-based paint in residences

109
Q

PCB ban (EPA rule)

A

1979
polychlorinated biphenyls

110
Q

RCRA amendment

A

1984
underground storage tanks

111
Q

Comprehensive Environmental Response, Compensation and Liability Act

A

1980
hazardous waste disposal

112
Q

UFFI ban

A

1982
formaldehyde in insulation materials

113
Q

Superfund Amendment and Reauthorization Act

A

1986
hazardous waste cleanup costs

114
Q

Asbestos ban (EPA rule)

A

1989
asbestos in building materials

115
Q

Residential Lead-based Paint Hazard Reduction Act (EPA and HUD rule)

A

1992 (1996)
lead-based paint disclosure and treatment

116
Q

Flood Insurance Reform Act

A

1994
flood insurance in flood zones

117
Q

Brownfields legislation

A

2002
industrial site cleanup

118
Q

Licensees are expected to be aware of environmental

A

issues and to know where to look for professional help. They are not expected to have expert knowledge of environmental law nor of physical conditions in a property

119
Q

for their own protection, licensees should be careful to:

A

 be aware of potential hazards
 disclose known material facts
 distribute the HUD booklet (below)
 know where to seek professional help.

120
Q

The Lead-based Paint Act of 1992 requires

A

a seller or seller’s agent to disclose known lead problems in properties built before 1978

121
Q

Under CERCLA and the Superfund Amendment of 1986, current landowners as well as previous owners of a property may be held liable

A

for environmental violations, even if “innocent” of a violation.

122
Q

Selling a property with an environmental problem does not avoid

A

liability for the seller, although seller and buyer may agree to share or transfer some liability

123
Q

If there is a concern, a Phase I audit or Environmental Site Assessment (ESA) should be conducted before proceeding with the transaction. A Phase I audit identifies

A

 prior uses
 presence of hazardous materials

124
Q

The Phase I ESA reviews

A

environmental documents; conducts a title search for environmental liens and restrictions; and includes a visual inspection of the site and surrounding properties.

There is not sampling or testing in phase I

125
Q

A Phase II audit (ESA) is conducted if a site

A

is considered contaminated. This is a more detailed investigation using chemical analysis to uncover hazardous substances and/or petroleum hydrocarbons in samples of soil, groundwater or building materials.

WY Real Eatate (30 decks)

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