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CE Shop > Land use controls and regulations > Flashcards

Land use controls and regulations Flashcards

1
Q

A governmental police power that permits it to meet the need for public works by funding through a stable source of income that shares the burden among many citizens

A

Taxation

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2
Q

Tax based on the value of the real estate. General property taxes may pay for items such as schools, police, fire, etc.

A

Ad valorem taxes

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3
Q

Tax imposed only on properties that benefit from the improvement, such as a tax to install a sewer line or city water line on one specific street.

A

Special assessment taxes

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4
Q

The government’s power to take private land for public use.

A

Eminent domain

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5
Q

Governmental appropriation of property; a taking may or may not use the power of eminent domain.

A

Taking

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6
Q

The process of taking title and physical possession of private property using the government’s power of eminent domain.

The property owner is paid just compensation for the value of the property.

A

Condemnation action

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7
Q

The government takes private property but fails to compensate the owner

Property owners are forced to file suit to obtain compensation.

The taking may be physical through occupation or regulatory, where government regulations cause the property to lose economic value.

A

Inverse condemnation

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8
Q

The state’s power to take the property of a decedent who dies without a will, heirs, or creditors.

A

Escheat

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9
Q

The government’s authority, at any level, to do what it can to ensure the health, safety, and welfare of its citizens.

A

Police power

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10
Q

A police power exercised by a state, county, city, or town government that classifies land based on its current or intended usage.

A

Zoning

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11
Q

What are the Zoning Classifications

A 
Residential
Commercial
Combination/mixed use
Industrial
Agricultural
Parkland
Recreation area
Open space
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12
Q

Allows otherwise prohibited development in return for the developer providing a community benefit.

A

Incentive zoning

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13
Q

Regulates the density of a given area by requiring certain building height limitations, lot width, setback requirements, etc.

A

Bulk zoning

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14
Q

A way to ensure the visual and architectural consistency of an area.

A

Aesthetic zoning

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15
Q

The process of assigning a lower-density use zone to an area previously allowing a higher density.

A

Downzoning

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16
Q

Rezones a specific property for use within another zoning area.

A

Spot zoning

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17
Q

Deviates from current zoning but is grandfathered in (such as a home built years ago in an area that’s now commercially zoned).

A

Nonconforming use

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18
Q

Temporarily halts new property development

A

Moratorium

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19
Q

Allows use that’s not normally permitted but is considered an “allowable” use within that zoning, such as a church within a residentially zoned area

A

Special use permit (aka conditional use permit)

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20
Q

Permitted deviation in the zoning ordinance requirements; typically granted when the zoning has created a hardship or burden on the property owner.

A

Variance (aka use variance)

21
Q

Oversees challenges to zoning actions

A

Zoning appeals board

22
Q

Ensures that community growth is controlled and orderly; the board develops the master plan (also known as comprehensive plan), which includes a budget.

A

Planning board

23
Q

Land that’s divided into lots for development.

A

Subdivision

24
Q

A map of a subdivision that represents a tract of land, showing the boundaries and location of individual properties, streets, easements, and other pertinent information.

A

Plat map

25
Q

Rules that specify the standards to which certain building projects must comply.

A

Building codes

26
Q

Areas that are saturated by water in an amount sufficient to support vegetation that grows in the saturated soil.

A

Wetlands

27
Q

Low-lying areas of property that are susceptible to flooding

A

Flood zones (aka floodplains)

28
Q

Areas where buyers are required to obtain flood insurance as a condition of obtaining their mortgages.

A

Special flood hazard areas (SFHAs)

29
Q

Helps homeowners in flood zones obtain affordable flood insurance.

A

National Flood Insurance Program (NFIP)

30
Q

Provides a search service that homeowners can use to determine if their property lies in a flood zone.

A

Federal Emergency Management Agency (FEMA)

31
Q

Encourages the clean-up and development of brownfields by providing funds for assessment and clean-up efforts, and protects buyers or developers from liability if the site were contaminated prior to ownership.

A

Small Business Liability Relief | Brownfields Revitalization Act

32
Q

This hazardous material is a fibrous material that’s dangerous when it begins to deteriorate and becomes friable (easily crumbled or reduced to dust)

A

Asbestos

33
Q

This hazardous material can be found in paint, plumbing, dust, soil, and drinking water.

A

Lead

34
Q

This hazardous material occurs naturally in the environment and can be found in soil and well water. It enters a home through the building’s cracks and crevices, and experts believe it can cause lung cancer.

A

Radon

35
Q

This hazardous material growth is promoted by excessive moisture and lack of air circulation.

A

Mold

36
Q

This hazardous material is an odorless, colorless toxic gas that’s formed whenever fuel is burned. Gas and oil furnaces, gas refrigerators, clothes dryers, ranges, water heaters, and space heaters produce carbon monoxide, as can fireplaces, charcoal grills, and wood-burning stoves.

A

Carbon monoxide

37
Q

This hazardous material is organic compounds that contain carbon, chlorine, and fluorine.

It hasn’t been linked to health concerns, but they have been linked to ozone depletion.

A

Chlorofluorocarbons (CFCs)

38
Q

This hazardous material is used in a variety of building products.

It’s a colorless chemical with a strong odor.

It’s emitted as a gas and is classified as a volatile organic compound (VOC).

A

Formaldehyde

39
Q

This hazardous material is a mixture of man-made chemicals.

It’s odorless with tasteless solids or liquids.

Prior to being banned in 1979, it was used in industrial products and chemicals such as caulking compounds, transformers, and hydraulic oil.

A

Polychlorinated biphenyls (PCBs)

40
Q

Water that is under the earth’s surface.

A

Groundwater

41
Q

Excavated areas where hazardous material is typically buried.

A

Waste disposal sites (landfills)

42
Q

Properties that have been contaminated by commercial or industrial use

A

Brownfields

43
Q

Established to clean up closed, abandoned, or uncontrolled hazardous waste sites and spills.

A

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

44
Q

Adds an “innocent landowner” defense to CERCLA. Landowners who performed their due diligence when purchasing a property may be held innocent of clean-up liability if the property is found to be contaminated.

A

Superfunds Amendments and Reauthorization Act (SARA)

45
Q

The property owner is responsible for cleanup, regardless of who’s at fault.

A

Strict liability

46
Q

Each of the responsible parties is personally responsible for damages.

A

Joint and several liability

47
Q

Both the current owner and prior owners are liable.

A

Retroactive liability

48
Q

Subdivision developers may place this on all properties within a development. These are rules established by developers or homeowners associations that govern properties and owners in the community.

A

Covenants, Conditions, and Restrictions (CC&Rs) (aka restrictive covenants)

49
Q

Typically set up as a covenant (an agreement between the homeowner and the association).

A

Homeowners association (HOA)

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