Level 6 - Land Use Controls Flashcards
What are the four types of public land-use control?
- police power
- eminent domain
- taxation
- escheat
What are the 4 main types of police power?
- zoning
- building codes
- subdivision regulations
- application of rules
What are the 3 types of land-use control?
- public land use control
- government ownership of land
- private land use controls
Building Code
a set of regulations pertaining to building design, materials, safety, sanitation and structure
Certificate of Occupancy (CO)
legal document from a local authority that authorizes a building to be occupied; issued after the building has passed all required inspections
Eminent Domain
the power of government to seize private property for public use; government must pay property owner just compensation for exercising power
Escheat
the legal doctrine by which the decedent’s property will pass to the state without their consent if that individual dies without a will, a surviving spouse, lineal descendants or other known heirs.
Flood Zones
geographic areas with a certain level of flood risk issued by the Federal Emergency Management Agency.
Land-Use Control
regulations that specify how the owners of individual parcels of real estate in a given area may use property
Laws of Descent and Distribution
a set of laws that sets our the process of passing an estate to heirs when the owner dies intestate
Police Power
the government right to regulate and restrict land use in order to protect the public, right includes the power to enforce zoning and building codes.
Probate
a process by which courts determine and grant the appropriate ownership interest of an estate to creditors. taxing entities, and heirs of an owner who dies intestate
Soil Suitability Test
a test to determine whether a property will support a septic system; aka perc test
Straight-piping
illegal sewage disposal system where wastewater is released from a home directly into streams or onto land due to lack of access to a sewage system or septic tank.
Subdivision
in NC, all divisions of a tract or parcel of land into two or more lots, buildings sites or other divisions; for the purpose of sale or building development (whether immediate or future) and includes all division of land involving the dedication of a new street or a change in existing streets.
Wetlands
land areas where groundwater is at or near the surface of the ground
Zoning
the division of land within a jurisdiction into separate districts within which uses are permitted, prohibited or permitted with conditions.
Aesthetic Zoning
requires that new buildings conform to specific types of architecture or appearance.
Buffer Zone
an area of land that separates two different land uses
Cluster Zoning
zoning which slightly reduces the sizes of individual lots and clusters the lots around varying street plans
Density
the number of people living in a square mile of space
Extra-territorial Jurisdictions (ETJs)
areas outside the incorporated limits but subject to the zoning restrictions of a municipality
Historic Preservation Zoning
zoning to preserve the historic nature of a particular property or neighborhood
Illegal Use
any property use which violates the zoning laws at the time it is put into place; aka illegal non-conforming use
Nonconforming Use
any property use which is inconsistent with the land use controls for that area, regardless of legality.
Overlay District
a type of zoning that is superimposed over another type of zoning.
Special Use Permit
allows specific kinds of uses in a zone that aren’t the main use of that zone, as long as the property owner meets certain requirements; aka conditional-use permit.
Spot Zoning
rezoning a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of that property and to the detriment of other property owners.
Variance
permission granted by the government so that property may be used in a manner not allowed by the current zoning
Zoning Amendment
a modification that changes the zoning on a specific area which is made for the benefit of the community, or in accordance with a master plan.
Restrictive Covenant
a limit on land use that is imposed by a property owner/
Conveyance
an instrument that transfers a grantor’s interest in real property
Covenants, Conditions, and Restrictions (CC&Rs)
private restrictions similar to deed restrictions that dictate what homeowner may do with their property.
Deed Restriction
a provision in a deed that restricts the land use of a property
Doctrine of Laches
a legal principle used to bar dated claims; used in conjunction with an unreasonable delay or negligence in asserting or defending one’s rights.
