land use control and regulations #4 Flashcards

1
Q

taxation

A

are the amount of money the municipality you live in charges you for the assessed value of your home.

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2
Q

ad valorreum taxes

A

“According to value”. A method of taxation using the value of the thing taxed to determine the amount of tax. they pay for items such as schools, police, fire etc.

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3
Q

eminent domain

A

The government power to take private land for public use

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4
Q

condemnation action

A

The taking of private property for public use. Consent of the owner is not required but fair compensation must be paid

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5
Q

inverse condemnation

A

the government takes private property but fails to compensate the owner and the owner’s suit to obtain compensation

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6
Q

escheat

A

state power to take the property of a decent who dies without a will, heirs, or creditors.

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7
Q

police power

A

government authority to do what it can to ensure the health, safety and welfare of its citizens

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8
Q

zoning

A

municipal or local laws or regulations that govern how real property can and cannot be used in certain geographic areas.

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9
Q

incentive zoning

A

allows new development in certain areas to voluntarily achieve extra floor area by providing certain public benefits.

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10
Q

bulk zoning

A

It restricts building density. of a given area by requiring certain buildings height limitations, loth width, seatback requirements, etc. it applies to both residential and commercial zoning

restricts the numbers of houses build per acre

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11
Q

aesthetic zoning

A

is a way to ensure the visual and architectural consistency of an area

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12
Q

downzoning

A

going from commercial to residential.

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13
Q

spot zoning

A

is the placing of a small area of land in a different zone from that of neighboring property. Also used to describe zoning without a master plan.

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14
Q

nonconforming use

A

use of property that was allowed under the zoning regulations at the time the use was established but which, because of subsequent changes in those regulations, is no longer a permitted use.

it means that your lot is not in conformance with current zoning regulations.
In order to add on or alter structures on your property, you may need to obtain a Special Permit from the Zoning Board of Appeals, or a Variance from the zoning by-laws.

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15
Q

moratorium

A

temporary halts new property development

traduccion:
detiene temporalmente el desarrollo de nuevas propiedades

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16
Q

special use permit (aka conditional use permit)

A

allows use that is not normally permitted but it is considered an allowable use within that zoning, such as a church in a residential zoned are

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17
Q

variance (aka use variance)

A

Change of a portion of zoning requirements without changing the zoning.

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18
Q

the planning board

A

ensures community growth is controlled and orderly

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19
Q

subdivision

A

land divided into lots for development

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20
Q

plat map

A

map of a subdivision that represents a tract of land, showing the property, streets, easements, and other pertinent information.

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21
Q

Wetlands

A

Land located next to the water that has and will continue to experience water damage. The land generally is not suitable to build a structure on. In some cases, the federal or local governments may take over the land to preserve it.

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22
Q

clean water act

A

provides guidelines for water, including wetlands. only certain structures can be built on wetlands

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23
Q

flood zones

A

properties that are sustainable to flooding because of their proximity to a water source

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24
Q

Covenants, conditions, and restrictions (CC&Rs)

A

are a set of rules governing the use of a certain piece of real estate. For example, a CC&R can regulate the fences of a house

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25
Q

Homeowners Association (HOA)

A

re private organizations that oversee the management of some residential communities. HOAs establish sets of rules and regulations for those living in the community to follow

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26
Q

brownfields

A

Abandone sites, many of which are suspected to contain hazardous waste or contaminants

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27
Q

zoning ordinance

A

A law (generally at the city or county level) controlling the use of land and construction of improvements in a given area (zone).

28
Q

Comprehensive Environmental Response, compensation and liability act (CERCLA)

A

was established to clean up closed, abandon, or uncontrolled hazardous waste sites and spills

29
Q

Superfunds amendments and reauthorization act (SARA)

A

anyone will be liable to clean up the property if the property is found contaminated it docent matter if you didn’t cause the problem or didn’t know how contaminated the land is. you will be forced to clean it

30
Q

Strict liability

A

the property owner is responsible for cleaning, regardless of whose fault is

31
Q

Joint and several liability

A

each of the responsible parties is personally responsible for damages

32
Q

retroactive liability

A

both the current owner and prior owner are liable

33
Q

What are the two types of physical depreciation?

A

Curable & incurable

34
Q

Local authorities lack police power over which of the following?

A

Federal government construction projects

35
Q

Taking

A

Occurs when private property is regulated by a government authority to the detriment of the landowner

36
Q

Floor to Area Ratio (Fat)

A

Is calculated by dividing the gross floor area of a building by the total area of the lot

37
Q

Area variance

A

Allows the owner to use the la d in a way that is not normally allowed by the physical or dimensional requirements of the current zoning

38
Q

Convenants

A

Agreements between two or more parties

39
Q

Conditions

A

Contingencies under which a property might be won, or lost if the condition is violated

40
Q

Deed restrictions

A

Limits to the use or appearance of a given property

41
Q

The doctrine of latched

A

Basically says that I’f you don’t use it, you lose it

42
Q

If there is no estate or local building code to cover a situation, the ______ code applies

A

National code

43
Q

Homeowners at just sent you a downstone area who believed it down swimming has harmed their property values can claim for ____

A

Inverse condemnation

44
Q

Remember a property that is sown residential may be either _______ or ______

A

Single family or multi family

45
Q

The Sunshine law

A

Means that all meetings of sunning boards, planning boards, and local zoning authorities are open to the public

46
Q

Certification of occupancy

A

A certificate of occupancy is a document issued by a local government agency or building department certifying a building’s compliance with applicable building codes and other laws, and indicating it to be in a condition suitable for occupancy

47
Q

CCR,S stands for

A

Conditions, convenants and restrictions

48
Q

If there’s no state or local buildings codes to cover a situation the….

A

National code applies

49
Q

A property that’s is zone residential may be either …

A

Single family or multi family

50
Q

Special flood hazard areas (SFHAs)

A

Lenders that fall under Federal regulations must require barbers who live in this area to obtain flood insurance as a condition of obtaining their mortgages

51
Q

The Federal emergency management agency (FEMA)

A

Provides a search service the homeowners can use to determine if the property lies in a flood zone

52
Q

Prior appropriation

A

Says that the first party to physically take water from a source and put it to beneficial household, agriculture, or induced your use will continue to have a claim of the water

53
Q

The property on which the Easement lies is the _____ estate

A

Servient

The servant estate suffers the Easement

54
Q

The property or individual who uses the Eastman holds the ______

A

Dominant estate

They enjoy the Easement

55
Q

Trustor

A

Is the person who created the trust

56
Q

The trustee

A

Is the person who carries out the trustor s whishes

57
Q

The beneficiary

A

Is the person who benefits from the trust like a minor who the person sets up for him

58
Q

Right of way

A

I right away provides a pass through to their property but doesn’t allow usage of the land. A right-of-way benefits anyone who needs to use it

59
Q

Monument

A

A permanent physical market used in a meeting balance description that can be man-made or natural that it may be a tree, tree, rock, or a steak place in the ground.

A monument is also the point of beginning of a legal description in the monument system, which is infrequently used

60
Q

The purpose of the planing board

A

is to make sure the community grows in an orderly fashion. To this end, it maps out zones and specifies the allowed use within those zones. By controlling the layout and growth of the community, the planning board supports the dual goals of quality of life and livability.

61
Q

What is the purpose of a zoning ordinance?

A

are a way to regulate land use and zoning on a local level.

62
Q

Subdivision

A

Land divided into lots for development

63
Q

Cul de sac

A

Streets that are dead ends and don’t connect with a main road

64
Q

Site plan

A

A document used to determine the proposed subdivision’s physical, social, and economic impact on the community

65
Q

Non conforming use

A

Allows the owner to use the property as originally zoned even though that does not meet current zoning regulations