Land Use Controls & Regulations Flashcards
A person may own their property but are subject to government powers that may be used against that property.
-These powers include police power, eminent domain, taxation, and escheat.
Government Rights: PETE
Police
Eminent Domain
Taxation
Escheat
The state’s ability to control property, protect citizens, enforce laws, and provide overall care for the community
PETE: Police Power
Police
Eminent Domain
Taxation
Escheat
Gives the government the right to buy a citizen’s property, even if the individual does not wish to sell it, if the acquisition of the property is necessary for the good of the city, state, etc.
PETE: Eminent Domain
Police
Eminent Domain
Taxation
Escheat
Allows the state to change a property tax to a property owner and use the money to pay for government services
PETE: Taxation
Police
Eminent Domain
Taxation
Escheat
Allows the state to take land when the owner dies without an heir
PETE: Escheat
A tax that the state may levy on property owners within a designated area to pay for a local project (such as a road or sewer maintenance)
Special Assessment Tax
Allows a state to divide its jurisdiction into areas in which certain users or developments of land are permitted or prohibited
Zoning
A non-binding guide for future land use
-It can serve as a basis for zoning, but is not a legal document
Master Plan
Create a Tier System of Land use:
For example, from highest to lowest, a land tier may be set to 1) residential, 2) commercial, 3) industrial, and 4) agricultural. Under a cumulative zoning ordinance, land may be zoned for a specific purpose or higher.
Cumulative Ordinances
Land that may only be used for a specific zoning purpose
-For example, property zoned as industrial land could only be used as industrial land, not as residential, commercial, or agricultural land.
Noncumulative Zoning Ordinance
Occurs when a property already had a use that existed at a time of zoning ordinance was implemented, and this pre-existing use does not conform to the ordinance’s regulation
-Generally, a nonconforming use may continue indefinitely, but a change in the use must comply with the zoning ordinance’s regulation.
Nonconforming Use
An officially granted exception to a zoning ordinance
-It may be granted to a property owner who shows the ordinance imposes a unique hardship on them. Additionally, they must show that the variance would not contrary to public welfare.
Variance
Sometimes required for use even though the zoning ordinances would allow that type of use
-This can be the case with hospitals and funeral homes in a commercial zone. These commercia establishments have additional requirements for operation.
Special Use Permit
Regulations that provide safety standards to which a building must conform
Building Codes
Environmental Impact Report (EIR)
Floodplain Regulations
Coastal Plains Regulations
Wetlands Regulations
Homeowner’s Association (HOA)
Which of the following falls within the regulatory authority of the state?
A. Escheat
B. Eminent Domain
C. Zoning
D. Condemnation
Answer is C
-Zoning is the exercise of the state’s regulatory power to determine how land may be used. Escheat is the state acquiring land after someone dies without heirs. Eminent domain allows the state to purchase a person’s property. Condemnation is the forced removal of persons from their property (with compensation) if they will not accept the payment the government offers.
Which type of zoning specifies the category of use that is permitted for a specific area?
A. Cumulative Ordinance
B. Noncumulative Ordinance
C. Inclusive Ordinance
D. Private Ordinance
Answer is B
-Under a Noncumulative Ordinance, the property cannot be used for any purpose other than its specific zoning. Under a Cumulative Ordinance, a property may be used according to zoning or a higher-tiered use allowed within the jurisdiction. Choices C and D are not zoning types.
Rosa recently purchased a great investment property in a commercially zoned neighborhood. The building has potential and could be used for many purposes. Under a Cumulative Ordinance, may Rosa residentially rent the property to Shen?
A. Yes
B. No
C. Only if Rosa seeks a variance
D. Only if Rosa seeks a special use permit
Answer is A
-Under Cumulative Zoning, a property may be used for a zone’s particular classification or for a higher classification. Generally, a residential classification is on a higher tier than a commercial classification.
What determines the quality of material that may be used in a building that is located within a commercially zoned area?
A. Cumulative Zoning
B. Noncumulative Zoning
C. Building Codes
D. A Special Use Permit
Answer is C
-Building codes are used to set the standard of how a building may be constructed. Although zoning may determine how a property is used, building codes determine how a building can be constructed. A special use permit is granted by the government for specific businesses to operate, such as hospitals.
Victoria owns a shoe store that has an upstairs studio attached. She has been living in the studio for the past ten years. Recently, the city passed an ordinance that classifies the area that the building sits in as a commercial area. What is the status of the upstairs studio?
A. It is a Special Use
B. It is a Nonconforming Use
C. It is a Variance
D. It is a Violation of Law
Answer is B
-Since Victoria was using the studio as a residence before the ordinance was effective, it is a Nonconforming Estate. A special use permit is obtained for a particular business to operate, such as a hospital. A variance is granted by the government to a property. The use does not conform to the ordinance but is permitted because it precedes the ordinance, therefore, it is not illegal.
