Governmental Limitations: Building Codes, Zoning, and Eminent Domain Flashcards
building permit
A written permission granted by a governmental building department and required prior to beginning the construction of a new building or other improvement (including fences, fence walls, retaining walls, and swimming pools).
certificate of occupancy
Also called an occupancy permit, it is issued by the local government to establish that a property is habitable by meeting certain health and safety standards.
charrettes
Community planning tool that improves and welcomes public participation in discussions about the community’s future growth and development.
condemnation
Either a judicial or administrative proceeding to exercise the power of eminent domain (i.e., the power of the government to take private property for public use).
density zoning
Ordinances that restrict the average maximum number of houses per acre that may be built within a particular area. As communities expand, “urban sprawl” becomes a concern. With extensive community growth comes related issues involving traffic congestion, loss of open space, and overcrowding of schools. Density development that combines housing, vibrant walking environments, parks, bike trails, and accessibility to work and shopping often becomes a solution to urban sprawl.
eminent domain
The right the government, both state and federal, to take private property for a necessary public use, with just compensation paid to the owner.
Energy Star
A partnership program between the department of energy, manufacturers, businesses, and consumers that institutes criteria for windows and doors tailored to different climate zones in the United States. This government program offers businesses and consumers energy-efficient solutions, making it easy to save money while protecting the environment for future generations. A product’s energy efficiency for a given climate is based on its impact on heat gain and loss in cold weather and heat gain in warm weather. Energy-efficient choices can save families about a third on their energy bill with similar savings of greenhouse gas emission, without sacrificing features, style, or comfort.
escheat
State laws provide for the involuntary transfer of ownership to the state, or escheat, when an owner dies intestate and without heirs. It is designed to prevent private property from being abandoned or without an owner.
nonconforming use
A permitted use that was lawfully established and maintained but that no longer conforms to the current use regulations because of a change in the zoning.
planned unit development (PUD)
A zoning classification where land is set aside for mixed purposes, such as single-family homes, multifamily homes, commercial use, and public space.
police power
The constitutional authority and inherent power of a state to adopt and enforce laws and regulations to promote and support the public health, safety, morals and general welfare.
Seasonal Energy Efficiency Rating (SEER)
The U.S. Congress authored and promoted new federal legislation regarding HVAC manufacturers. In accordance with their goals to increase energy-efficient technologies, the Department of Energy passed legislation mandating air conditioners to operate using less energy. On January 23, 2006, the law required them to operate at a minimum 13 SEER.
universal design
An architectural concept of making things comfortable and convenient for as many different people at as many stages of life as possible. For example, stairs at least 4’ wide could accommodate a possible future chairlift; doors at least 36” wide could accommodate those in a wheelchair; and zero-step entrances are accessible for those with physical impairments. Other examples include bathroom walls designed with hidden additional supports for future installation of grab bars; removable bathroom sink cabinets designed to be removed for knee space for wheelchair users; and levered door handles (instead of knobs) for easier usage by those who might develop arthritis or paralysis.
variance
An exception from a zoning regulation granting permission to deviate from the stated regulation. _________ provide a solution for deprived owners of the reasonable use of their property.
zoning
The regulation of structures and uses of property within designated districts or zones. _________ regulates and affects such things as use of the land, types of structures permitted, building heights, setbacks, and density (the ratio of land area to improvement area).
