Land Use Controls and Regulations 5%

Question 1

What kind of Properties are Tax Exempt?

Answer 1

1) Government-owned real estate - federal, state, and local government buildings.
2) Public and private schools, colleges, and universities.
3) Religious organizations - churches, synagogues, mosques, temples, schools.

Question 2

What Classes of People are Tax Exempt?

Answer 2

1) People over 65 with an income below a certain level.
2) People with disabilities.
3) Veterans

Question 3

What is a Special Assessment?

Answer 3

A municipality may levy a special assessment tax for a particular improvement and for a certain period of time.

For example, new sidewalks.

In a special assessment, the property owner benefits in not only convenience but an increase in property value.

Question 4

What is Eminent Domain?

Answer 4

Eminent Domain is the taking of property by a unit of government for public use.

Question 5

What is Condemnation?

Answer 5

Condemnation is the court process of exercising eminent domain.

Question 6

What is Escheat?

Answer 6

Escheat is the government’s rights to unclaimed property which is abandoned or left by a decedent who leaves no will and no heirs to inherit the property.

Question 7

What is Zoning?

Answer 7

Zoning is the division of land into district of prescribed use.

Question 8

What is Density Zoning?

Answer 8

Density zoning consists of restrictions that regulate the number of dwellings per acre or minimum lot size per dwelling. They maintain a uniform appearance in the municipality.

Question 9

What are Setback Requirements?

Answer 9

A common ordinance that regulates how closely a building can be located to the front or side lot lines.

For example: no dwelling can be closer than 4 feet to a side property line. It also requires a combined distance of 14 feet between two dwellings. So, if one house is 4 feet from the side boundary, the neighboring property can be no closer than 10 feet (which creates 14 feet of distance.

A building can be within property boundaries but still deemed an encroachment if a part of the building like an eave (outer edge of roof) goes beyond the setback. Setback = building line.

Question 10

What is a Buffer Zone?

Answer 10

A designated district or area that separates two different zones to make them blend more easily with each other.

For example: a park is developed to separate a residential district from a commercial district

Question 11

What is an Exclusionary Zone?

Answer 11

Any restriction or regulation that makes it hard for certain social or low-income groups to locate within a community.

For example: no government ordinance can exclude mobile home developments.

Question 12

What are Building Codes?

Answer 12

Local ordinances designed to set minimum construction standards designed to protect public health, safety, and welfare.

Question 13

What are Flood Zones?

Answer 13

A mandated disclosure if a property is in a flood hazard zone if designated by the Federal Emergency Agency (FEMA). If a property is found to be in a flood zone it’s often a contingency that will end a sale.

Question 14

Can you build on a wetland?

Answer 14

According to Michigan wetlands protection legislation, no person may build on a wet land without first obtaining a permit from the Department of Environmental Quality (DEQ). The permit must be in the public interest, necessary to realize the benefits derived from the activity, and the activity must be lawful. The applicant must also show that the activity is dependent on being located in a wetland or that a feasible alternative does not exist.

Question 15

What are the Types of Hazards?

Answer 15

Mold, urea formaldehyde, asbestos, radon, leaking underground storage tanks, groundwater contamination, and hazardous waste dumping and spills.

Question 16

What is Abatement?

Answer 16

Intentional surrender of property rights; a voluntary release of all claim, title, rights and possession in a particular piece of property with the intention of never reclaiming it, both title and mere lease rights can be abandoned.

Question 17

What is Mitigation?

Answer 17

To reduce the impact of something such as a penalty. An innocent party is expected to exercise reasonable care to mitigate his damages.

Question 18

What is the Restriction on Contaminated Property?

Answer 18

The sale or development of contaminated property is prohibited, however various statues have been enacted to encourage cleanup and redevelopment of browns fields through development incentives, tax credits.

Question 19

What is a Deed Restriction?`

Answer 19

A provision in a deed by which the grantor can limit or prohibit certain uses of a property by the grantee. They are frequently placed in deeds that convey title to a series of neighboring properties to enhance the value of the entire development.

Examples might include limits on building height, architecture, or density.

It may also take the form of a restrictive covenant.

Question 20

What is a Declaration of Covenants, Conditions and Restrictions (CC&Rs)?

Answer 20

A written document created by the developer. By purchasing a home within the sub, the new owner is bound by the document, becomes a member, and pays the required dues.

The written and binding rules of a homeowners association that restrict the use of all subject properties; to enhance property values and prevent uses that might be unacceptable.

Question 21

Homeowners Association Regulations

Answer 21

Typically a Michigan Nonprofit Corporation. Property owners who serve as the governing body for enforcing the rules pertaining to the properties within a subdivision.