Lesson 6 - Land Use Regulations

Question 1

Condemnation

Answer 1

-Taking private property for public use, with fair compensation to the owner;
exercising the right of eminent domain.

Question 2

Police Power

Answer 2

-The right of any political body to enact laws and enforce them, for the order, safety, health, morals and general welfare of the public.

Question 3

Variance

Answer 3

-The authorization to improve or develop a particular property in a manner not authorized by zoning.

Question 4

Building Codes

Answer 4

• Regulations established by state or local governments stating fully that structural requirements for building.
• Building codes are enforced by the issuance of permits.
• If the Federal or City building code is more stringent on a particular issue, the more stringent Code will supersede the State code.

Question 5

Air Rights

Answer 5

-Rights in real property to use the space above the surface of the land.

Question 6

Certificate of Occupancy

Answer 6

-A document issued by a governmental authority that a building is ready and fit for occupancy.

Question 7

Zoning

Answer 7

-Zoning determines the usage allowed for a building or subdivision.
Zoning also determines the ‘bulk’ of a house or building, meaning the maximum size of the structure (height, square footage, size of floor plate).

Question 8

Zoning Board of Appeals

Answer 8

• The Zoning Board of Appeals is a local appointed Board that has the power to review administrative rulings made by the Planning Board or another legislative body.
• Responsible for granting variances
• Maintains the essential character of neighborhoods.

Question 9

Non-Conforming Use

Answer 9

• Preexisting use of a property that no longer complies with the current zoning regulations. The non-conforming use is “grandfathered” in.
• The owner is generally allowed to continue the non-conforming use. When the property is sold, the non-conforming use must be terminated and comply with the current zoning laws.

Question 10

Use Variance

Answer 10

-Allows a homeowner to use their property in a way that is not currently permitted by the local zoning code.

Question 11

Area Variance

Answer 11

-Allows the property owner to expand the building on their property to a size larger than is permitted by zoning. This can include total square footage of the building as well as size and height of the building.

Question 12

Escheat

Answer 12

-If a property owner dies intestate (without having a valid will), the decedent’s property is distributed to their heirs.
If the deceased property owner does not have any heirs, the property reverts to the State. This is known as escheat.

Question 13

Eminent Domain

Answer 13

-Eminent domain is the right of the government to acquire private property for necessary public use. The property owner must receive fair compensation.

Question 14

Condemnation

Answer 14

-Condemnation is the act of taking private property for public use.

Question 15

Percolation

Answer 15

-The movement of water through soil