land use control and regulations #4 Flashcards
taxation
are the amount of money the municipality you live in charges you for the assessed value of your home.
ad valorreum taxes
“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.
eminent domain
The government power to take private land for public use
condemnation action
The taking of private property for public use. Consent of the owner is not required but fair compensation must be paid
inverse condemnation
the government takes private property but fails to compensate the owner and the owner’s suit to obtain compensation
escheat
state power to take the property of a decent who dies without a will, heirs, or creditors.
police power
government authority to do what it can to ensure the health, safety and welfare of its citizens
zoning
municipal or local laws or regulations that govern how real property can and cannot be used in certain geographic areas.
incentive zoning
allows new development in certain areas to voluntarily achieve extra floor area by providing certain public benefits.
bulk zoning
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
aesthetic zoning
is a way to ensure the visual and architectural consistency of an area
downzoning
going from commercial to residential.
spot zoning
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.
nonconforming use
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.
moratorium
temporary halts new property development
traduccion:
detiene temporalmente el desarrollo de nuevas propiedades
special use permit (aka conditional use permit)
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
variance (aka use variance)
Change of a portion of zoning requirements without changing the zoning.
the planning board
ensures community growth is controlled and orderly
subdivision
land divided into lots for development
plat map
map of a subdivision that represents a tract of land, showing the property, streets, easements, and other pertinent information.
Wetlands
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.
clean water act
provides guidelines for water, including wetlands. only certain structures can be built on wetlands
flood zones
properties that are sustainable to flooding because of their proximity to a water source
Covenants, conditions, and restrictions (CC&Rs)
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
Homeowners Association (HOA)
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
brownfields
Abandone sites, many of which are suspected to contain hazardous waste or contaminants
zoning ordinance
A law (generally at the city or county level) controlling the use of land and construction of improvements in a given area (zone).
Comprehensive Environmental Response, compensation and liability act (CERCLA)
was established to clean up closed, abandon, or uncontrolled hazardous waste sites and spills
Superfunds amendments and reauthorization act (SARA)
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
Strict liability
the property owner is responsible for cleaning, regardless of whose fault is
Joint and several liability
each of the responsible parties is personally responsible for damages
retroactive liability
both the current owner and prior owner are liable
What are the two types of physical depreciation?
Curable & incurable
Local authorities lack police power over which of the following?
Federal government construction projects
Taking
Occurs when private property is regulated by a government authority to the detriment of the landowner
Floor to Area Ratio (Fat)
Is calculated by dividing the gross floor area of a building by the total area of the lot
Area variance
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
Convenants
Agreements between two or more parties
Conditions
Contingencies under which a property might be won, or lost if the condition is violated
Deed restrictions
Limits to the use or appearance of a given property
The doctrine of latched
Basically says that I’f you don’t use it, you lose it
If there is no estate or local building code to cover a situation, the ______ code applies
National code
Homeowners at just sent you a downstone area who believed it down swimming has harmed their property values can claim for ____
Inverse condemnation
Remember a property that is sown residential may be either _______ or ______
Single family or multi family
The Sunshine law
Means that all meetings of sunning boards, planning boards, and local zoning authorities are open to the public
Certification of occupancy
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
CCR,S stands for
Conditions, convenants and restrictions
If there’s no state or local buildings codes to cover a situation the….
National code applies
A property that’s is zone residential may be either …
Single family or multi family
Special flood hazard areas (SFHAs)
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
The Federal emergency management agency (FEMA)
Provides a search service the homeowners can use to determine if the property lies in a flood zone
Prior appropriation
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
The property on which the Easement lies is the _____ estate
Servient
The servant estate suffers the Easement
The property or individual who uses the Eastman holds the ______
Dominant estate
They enjoy the Easement
Trustor
Is the person who created the trust
The trustee
Is the person who carries out the trustor s whishes
The beneficiary
Is the person who benefits from the trust like a minor who the person sets up for him
Right of way
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
Monument
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
The purpose of the planing board
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.
What is the purpose of a zoning ordinance?
are a way to regulate land use and zoning on a local level.
Subdivision
Land divided into lots for development
Cul de sac
Streets that are dead ends and don’t connect with a main road
Site plan
A document used to determine the proposed subdivision’s physical, social, and economic impact on the community
Non conforming use
Allows the owner to use the property as originally zoned even though that does not meet current zoning regulations
