Land Use Controls Flashcards
Master Plan
An amalgamated land use plan for a municipality, county, or region which incorporates community opinion, the results of intensive research, and various land use guidelines and regulations of the state. Acts as a blueprint for subsequent zoning ordinances and rulings
Police Power
A state’s or local government’s legal authority to create, regulate, tax, and condemn real property in the interest of the public’s health, safety, and welfare
Zoning
The primary tool by which cities and countries regulate land use and implement their respective master plans
Enabling Act
The Constitution grants the states the legal authority to regulate, and the states delegate the authority to counties and municipalities through legislation called enabling acts
Nonconforming Use
A nonconforming use is one that clearly differs from current zoning
Variance
A land use that conflicts with current zoning but is authorized for certain reasons, including undue hardship to comply and minimal negative impact to leave it alone
Special Exceptions
A land use in conflict with current zoning that is nevertheless authorized because of its perceived benefit to the public welfare
Amendment
A current or potential property owner may petition the zoning board for an outright change in the zoning of a particular property
Plat of Subdivision
The developer submits a plat of subdivision containing surveyed plat maps and comprehensive building specifications. the plat, as a minimum, shows that the plan complies with local zoning and building ordinances. The project can commence only after relevant authority has approved the plat
Concurrency
A local, county, or regional planning policy that requires developers to correct foreseen negative impacts of a development during the construction period of the project itself rather than afterwards; for example, widening a road during construction to accommodate a future increase in traffic
Certificate of Occupancy
A document confirming that a newly constructed or renovated property has fully complied with all building codes and is ready for occupancy and use
Eminent Domain
A power of a government entity to force the sale of private property for subsequent public use
Deed Restriction
A provision in a deed that limits or places rules on how the deeded property may be used or improved
Covenants, Conditions, and Restrictions
A restriction expressed in a conveyance (deed or lease) of a residential, commercial, or industrial property places limits on the use of the property. Such restrictions are also referred to as “covenants, conditions, and restrictions,” or CCRs. A quitclaim deed can terminate a private deed restriction
Declaration Restrictions
The declaration of a subdivision, Planned unit development, condominium, and commercial or industrial park contains private use restrictions. These have the same legal effect as deed restrictions, as the declaration attaches to the rights of the property. A private party cannot, however, extinguish a declaration restriction by agreement or quitclaim deed
Deed Condition
A deed condition may restrict certain uses of a property, much like a deed restriction. However, violation of a deed condition gives the grantor the right to re-take possession of the property and file suit for legal title
National Environmental Policy Act
This act created EPA and the Council for Environmental Quality, giving them a mandate to establish environmental standards for land use planning. The act also required environmetal impact surveys on large development projects.
Clean Air Amendment
This act authorized the EPA to establish air quality standards for industrial land as well as for automobile and airplane emissions
Water Quality Improvement Act, Water Pollution Control Act Amendment, Clean Water Act Amendment
These acts addressed standards to control water pollution and industrial wastes from the standpoint of future prevention as well as remediation of existing pollution
Resource Recovery Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendment and Reauthorization Act
These acts addressed disposal of solid and toxic wastes and measures for managing waste. In addition, the Superfund act provided money for hazardous waste disposal and the authority to charge clean cost to responsible parties
