Lesson 17: Private and Public Restrictions on Land Flashcards
operating rules
Sometimes restrictions can be imposed on subdivision property owners without any kind of vote at all.
HOA boards are typically allowed to create operating rules without approval from the homeowners.
Similar to CC&Rs, these operating rules can govern property use or require aesthetic and architectural review of proposed alterations.
police power
The police power allows governments to adopt laws and regulations to protect the public’s health, safety, morals, and general welfare.
urban growth boundary laws
In addition to adopting a general plan in compliance with state law, some local governments in California have also implemented urban growth boundary laws.
These laws either limit or ban significant development outside a designated boundary line in order to focus development in the urban areas.
nonconforming use
When an area is rezoned, sometimes a property’s existing use is no longer legal under the new zoning ordinance. That property is then considered a nonconforming use.
For example, Sally has a beauty salon in a neighborhood that gets rezoned for residential use only. The beauty salon is now a nonconforming use. Nonconforming uses like Sally’s are almost always allowed to remain in operation.
If all property owners were required to immediately comply with a new zoning law, it would cause undue financial hardship.
conditional use permit
Sometimes churches, schools, hospitals, and other community organizations want to locate in a neighborhood that is zoned for residential use only.
In order to do so, they must first apply for a conditional use permit.
If the proposed use will satisfy an unmet community need, the permit will probably be approved, with some limitations.
variance
Occasionally a zoning law affects a particular property owner harshly because that property has special characteristics.
In these cases, the property owner can apply for a variance.
spot zoning
A rezone cannot benefit—or harm—only one property.
If it does, it’s called spot zoning and it’s illegal.
Remember the constitutional rule that zoning laws must apply to all property owners who are similarly situated.
certificate of occupancy
Building inspectors will check the construction at various points to make sure it complies with the plans and specifications.
It will get a final inspection before the inspector issues a certificate of occupancy, which allows the completed structure to be occupied.
