(Lesson 1) Land Use Control and Property Development (Unit #20) Flashcards
overview on land use controls and property development
broad though may be the rights of real estate ownership, are not absolute. Land use is regulated by public and private restrictions and through the public ownership of land by federal, state, and local governments.
**the states police power is their inherent authority to create regulations needed to protect the public health, safety and welfare.
define enabling acts
Through enabling acts, states delegate to counties and local municipalities the authority to enact ordinances in keeping with general laws. The states police power is their authority to create regulations needed to protect the public health and safety, as well as welfare. The increasing demand for private real estate has made controls over noise, air and water pollution as well as population density.
define the comprehensive plan
local governments, municipalities, and counties establish development goals by creating a comprehensive plan.
**the comprehensive plan is not a regulatory document but rather a guide to planning for change rather than proposals.
- *systematic planning for orderly growth consists of the following basic elements:
- land use (determination of how much land may be used for residence, industry, business, agriculture etc.)
- house needs of present and anticipated residents.
- movement of people and goods. (highways, public transit etc.)
- community facilities and utilities such as schools, libraries, hospitals, recreational facilities, etc
- energy conservation to reduce energy consumption
define zoning
zoning is a regulatory tool that helps communities regulate and control how land is used.
**zoning ordinances are local laws that implement the comprehensive plan and regulate and control the use of land and structures within designated land-use districts
define buffer zone
a bufferzone is typically a strip of land separating land dedicated to on use of land to another use.
also, many municipalities use certain types of zoning to focus on special land-use objectives. these include:
- bulk zoning (also called density zoning) to control density and avoid overcrowding by imposing restrictions such as setbacks and maximum building heights, and requiring a specific percentage of open area or by restrictions new construction projects
- aesthetic zoning: to specify certain types of architecture for new buildings
- incentive zoning: to ensure that certain uses are incorporated into developments, such as requiring the street floor of an office building to house retail establishments.
Constitutional issues and zoning ordinances
zoning can be highly controversial issue and often raises questions of constitutional law. The government provides public hearings for citizens to discuss zoning ordinances before they are enacted.
- *commonly applied tests in determining the validity of ordinances require that:
- power be exercised in a reasonable manner
- provisions be clear and specific
- ordinances be nondiscriminatory
- ordinances promote public health, safely, and general welfare under the police power concept
- ordinances apply to all property in a similar manner.
define the use of Zoning permits
compliance with zoning can be monitored by requiring that property owners obtain permits before they begin development. Zoning permits are usually required before building permits can be issued.
define zoning hearing board
zoning hearing boards have been established in most communities to hear complaints about the effects a zoning ordinance may have on a specific parcels of property.
Define nonconforming use
frequently a lot or an improvement does not conform to the zoning law because it existed before the enactment amendment of the zoning ordinance.
**such a nonconforming use may be allowed to continue legally as long as it complies with the regulations governing nonconformities in the local ordinance or until the improvement is destroyed or torn down or the current use is abandoned.
**if the nonconforming use is allowed to continue indefinitely it is grandfathered into the new zoning.
explain conditional use permits and variances relating to zoning
once a plan or zoning ordinance is enacted, property owners and developers know what they can and cannot do on their property.
**however, they may want to propose changes to existing zoning in order to use their property somewhat differently.
**generally these owners may appeal for either a conditional use permit or a variance to allow a use that does not meet current zoning requirements
define a conditional use permit
is usually granted to a property owner to allow a special use of property, defined as an allowable conditional use, within that zone, such as a day care center in a resident district.
**for a conditional use permit to be appropriate, the intended use must meet certain standards set by the municipality
Define a variance
a variance, provides relief if zoning regulations deprive an owner of the reasonable use of the property.
Conditional use permit vs variance
conditional use permit: allow nonconforming but related land uses
variances permit: prohibited land uses to avoid undue hardship
**both conditional use permits and variances are issues by zoning board only after the public hearings.
define building codes
most municipalities have enacted ordinances called building codes to specify construction standards that must be met when repairing or erecting buildings.
**in addition to adhering to building codes, a property owner who wants to build a structure or alter or repair an existing building usually must obtain a building permit.
**once the completed structure has been inspected and found satisfactory, the municipal inspector issues a certificate of occupancy (also called an occupancy permit)
define subdivisons
most communities have adopted subdivision and land development ordinances as part of their comprehensive plans. An
