Land Use Restrictions Flashcards
buffer zones
may be planned to provide separation of two incompatible zones (e.g., on land between a residential area and an area zoned for industrial use, a developer may be required to plant grass and trees)
aesthetic zoning
may require conformity with a certain type of architectural style
incentive zoning
may specify that a portion of the land be devoted to a specific purpose to obtain approval for certain concessions (e.g., the developer may have to provide open space to get approval for the street floor of an office building to have retail businesses)
bulk zoning
may control the density of uses by limiting building size (e.g., by number of stories or height in feet) or lot size
cumulative zoning
may allow less restrictive uses in an area, such as four-unit townhouses in areas zoned for apartment houses
inclusionary zoning
may require certain uses to be included in a development, such as a certain percentage of the units for low- and middle-income families
exclusionary zoning
may prohibit certain uses in an area, such as liquor stores or gun shops near schools
conditional use permits
Such permits allow a land use restriction that does not conform to zoning requirements as long as it is within the strict limitations of the permit regarding size, traffic control, and so on. Permits generally are granted for uses that do not fall into any particular zoning classification (e.g., child care centers, medical clinics, private schools, dog kennels, professional offices), yet which benefit the community.
Buffer Zone
Between Residential and Commercial
Downzone
Lower Density Use
Legal Nonconforming Use
Existing
Variance or Adjustment
new
Spot Zoning
Small Parcel, Significant Difference
Conditional or Special Use Permit
Benefit Community
The National Environmental Policy Act
requires federal agencies to prepare an environmental impact statement disclosing the effects of a development, whenever a proposed project would have a major impact on the environment.
The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or the Superfund Act)
makes past and present owners, and even lenders, jointly and severally liable for cleanup of hazardous substances, regardless of whether they were connected to the production, transportation, or disposal of the hazardous substances on the property, unless they can qualify as innocent purchasers or bona fide prospective purchasers who have not caused or contributed to hazardous waste contamination. Areas that have been abandoned or idled and underused industrial and commercial facilities, where expansion or redevelopment is complicated by real or perceived environmental contamination, are referred to as “brownfields.”
The Clean Air Act
imposes standards for air quality.
The Federal Water Pollution Control Act, also known as the Clean Water Act
imposes standards for water quality and wastewater treatment. States are required to implement plans for meeting those standards.
The Federal Coastal Zone Management Act (known as CZM or CZMA)
provides assistance to coastal states to develop and implement programs for managing their coastal zones.
The Resource Conservation and Recovery Act (RCRA)
was enacted to deal with hazardous waste management. Its primary goals are to protect human health, protect the environment from hazardous waste disposal, conserve energy and natural resources, reduce waste, and ensure that waste is handled in an environmentally sound way.
building codes (or building ordinances)
establish minimum material and construction standards for new construction and building alterations.
They require that a person submit building plans and obtain a building permit before building, altering, or repairing a building so that building code officials may determine whether the work would meet building code and zoning requirements.
certificate of occupancy
Upon inspection of the completed work, the building code department will issue a certificate of occupancy to allow occupancy if the building satisfies all code requirements.
