Land Use Controls & Property Devel

Question 0

**Police Power

Answer 0

Inherent authority of the state to create regulations necessary to protect the public health, safety and welfare.

Use of privately owned real estate is regulated through:

1) LAND-USE PLANNING
2) ZONING ORDINANCES
3) SUBDIVISION REGULATIONS
4) BUILDING CODES
5) ENVIRONMENTAL PROTECTION LEGISLATION

Question 1

Land Use Controls

Answer 1

How land is controlled and regulated through public and private restrictions and through direct ownership by federal, state and local governments.

Question 2

**Zoning

Answer 2

The regulatory tool the helps communities regulate and control how land is used for the protection of public health, safety and welfare. A state’s ENABLING ACTS confer zoning powers to local municipal governments.

Question 3

Zoning Ordinances

Answer 3

Separating conflicting land uses, ZONING ORDINANCES implement the comprehensive plan by regulating and controlling the use of land and structures within designated land-use districts.

Question 4

**What does zoning affect?

Answer 4

1) PERMITTED USE OF LAND
2) LOT SIZES
3) TYPES OF STRUCTURES
4) BUILDING HEIGHTS
5) SETBACKS (minimum distance from streets or sidewalks)
6) DENSITY
7) PROTECTION OF NATURAL RESOURCES

Question 5

What are examples of Special Land-Use Zoning?

Answer 5

1) BULK ZONING (to control density)
2) AESTHETIC ZONING
3) INCENTIVE ZONING (ensure incorporation of certain uses)

Question 6

Zoning Permits

Answer 6

Usually required before building permits are issues, ZONING PERMITS are used by local governments to monitor compliance with and CONFORMITY to zoning codes.

Question 7

**Non-conforming Use

Answer 7

When a lot or improvement pre-exists and is not in conformance with current zoning codes, but is allowed to legally continue.

Question 8

**Private Land Controls

Answer 8

Controls created by an owner of real property to maintain desirable qualities or characteristics of a property. They are separate from and in addition to land-use controls exercised by government.

Two categories of private land-use control are:

1) DEED RESTRICTIONS
2) RESTRICTIVE COVENANTS

RESTRICTIVE COVENANTS cannot be used for illegal purposes, such as for the exclusion of members of certain races, nationalities or religions.

Question 9

**How are private controls enforced?

Answer 9

Via a COURT INJUNCTION. Lot owners apply to the court for an injunction to stop or remove the violation. The court retains the power to punish the violator for failing to obey.