MREP UNIT 20 Land-Use Control

Question 1

Government-owned land

Answer 1

Government-owned land is used for national parks and forests, military bases, federal office buildings, schools, museums, state parks, government buildings, and municipal parks and buildings, as well as streets, highways, and bridges.

Question 2

The police power of government

Answer 2

The police power of government is the source of its authority to create regula- tions needed to protect the public health, safety, and welfare

Question 3

enabling acts

Answer 3

Through enabling acts, states delegate to counties and local municipalities the authority to enact ordinances in keeping with general laws.

Question 4

The comprehensive plan

Answer 4

The comprehensive plan, also known as a master plan, is not a regulatory document, but a guide that tries to anticipate changing needs.

Question 5

The comprehensive plan

Answer 5

The comprehensive plan usually is long term, perhaps 20 years or longer, and often includes (a) a general plan that can be revised and updated more fre- quently, (b) plans for specific areas, and (c) strategic plans

Question 6

Systematic planning

Answer 6

Systematic planning for orderly growth usually considers the following elements:
■■ Land use—determining how much land may be proposed for residence, industry, business, agriculture, traffic and transit facilities, utilities, com- munity facilities, parks and recreational facilities, floodplains, and areas of special hazards
■■ Housing needs of present and anticipated residents, including rehabilitation of declining neighborhoods, as well as new residential developments
■■ Movement of people and goods, including highways and public transit, park- ing facilities, and pedestrian and bikeway systems
■■ Community facilities and utilities such as schools, libraries, hospitals, rec- reational facilities, fire and police stations, water resources, sewerage, waste treatment and disposal, storm drainage, and flood management
■■ Energy conservation to reduce energy consumption and promote the use of renewable energy sources

Question 7

city council

Answer 7

The plan typi- cally is drafted by a planning commission and approved by the city council or other governing body following a period for public comment at hearings held for that purpose.

Question 8

Zoning ordinances

Answer 8

Zoning ordinances implement the comprehensive plan and regulate and control the use of land and structures within designated land-use districts, in part by sepa- rating conflicting land uses

Question 9

setbacks

Answer 9

setbacks (the minimum distance from property boundaries that structures may be built

Question 10

density

Answer 10

density (the ratio of land area to structure area)

Question 11

planned unit developmen

Answer 11

A planned unit development (PUD) is a development where land is set aside for mixed-use purposes, such as residential, commercial, and public areas.

Question 12

buffer zones

Answer 12

buffer zones to ease the transition from one use to another. A buffer zone is typically a strip of land separating land dedicated to one use from land dedicated to another use.

Question 13

bulk zoning

Answer 13

bulk zoning to control density and avoid overcrowding by imposing restric- tions such as setbacks, building heights, and percentage of open area or by restricting new construction projects;

Question 14

aesthetic zoning

Answer 14

aesthetic zoning to specify certain types of architecture for new buildings

Question 15

incentive zoning

Answer 15

incentive zoning to ensure that certain uses are incorporated into develop- ments, such as requiring the street floor of an office building to house retail establishments

Question 16

Commonly applied tests in deter- mining the validity of ordinances

Answer 16

Commonly applied tests in deter- mining the validity of ordinances require that
■■ power be exercised in a reasonable manner;
■■ provisions be clear and specific;
■■ ordinances be nondiscriminatory;
■■ ordinances promote the public health, safety, and general welfare under the
government’s police power; and
■■ ordinances apply to all property in a similar manner.

Question 17

zoning permit

Answer 17

Compliance with zoning can be monitored by requiring that a property owner obtain a permit before beginning any development. A permit will not be issued unless the proposed development conforms to the permitted zoning, among other requirements.

Question 18

A zoning permit

Answer 18

A zoning permit is usually required before a building permit will be issued.

Question 19

nonconforming use

Answer 19

Frequently, a lot or an improvement does not conform to the zoning use because it existed before the enactment or 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, until the improvement is destroyed or torn down, or until the current use is abandoned.

Question 20

nonconforming use

Answer 20

If the nonconforming use is allowed to continue indefinitely, it is considered to be grandfathered into the new zoning

Question 21

zoning hearing board

Answer 21

Most communities have a zoning hearing board (or zoning board of appeal) to hear testimony about the effects a zoning ordinance may have on specific parcels of property. A petition for an exception to the zoning law may be presented to the appeals board, as described next.

Question 22

conditional-use permit or a variance

Answer 22

a property owner may want to use the property in a way that differs to some degree from what the zoning would allow. Generally, the property owner in such a situation may request either a conditional-use permit or a variance to allow a use that does not meet current zoning requirements.

Question 23

A conditional-use permit

Answer 23

A conditional-use permit (also known as a special-use permit) is usually granted to a property owner to allow a special use of property that is defined as an allow- able conditional use within that zone, such as a house of worship or daycare cen- ter in a residential district. For a conditional-use permit to be appropriate, the intended use must meet certain standards set by the municipality.

Question 24

A variance

Answer 24

A variance will provide relief if a zoning regulation deprives an owner of the reasonable use of the property. To qualify for a variance, the owner must demon- strate the unique circumstances that make the variance necessary. In addition, the owner must prove that the regulation has caused harm or created a burden. A variance might also be sought to provide relief if an existing zoning regulation cre- ates a physical hardship for the development of a specific property.

Question 25

building codes

Answer 25

Most municipalities have enacted ordinances to specify construction standards that must be met when repairing or erecting buildings. These are called building codes, and they set many requirements for such things as materials and standards of workmanship, sanitary equipment, electrical wiring, and fire prevention. Not all building codes are local.

Question 26

certificate of occupancy or occupancy permit.

Answer 26

Once the completed structure has been inspected and found satisfactory, the building offi- cial will issue a certificate of occupancy or occupancy permit.The certificate of occupancy indicating that the property is suitable for habita- tion must be issued before anyone moves in and usually before a lender will allow closing.

Question 27

A subdivider

Answer 27

A subdivider is a person who buys undeveloped acreage and divides it into smaller lots for sale to individuals or developers or for the subdivider’s own use.

Question 28

A developer

Answer 28

A developer, who may also be a subdivider, improves the land, constructs homes or other buildings on the lots, and sells them

Question 29

Impact fees

Answer 29

Impact fees are charges made in advance to cover antici- pated expenses involving off-site capital improvements such as expanding water and sewer facilities, additional roads, and school expansions.

Question 30

plat map

Answer 30

A plat map is a detailed map illustrating the geographic bound- aries of individual lots. The plat map shows the lots, blocks, sections, streets, pub- lic easements, and monuments in the prospective subdivision.

Question 31

Density zoning

Answer 31

any zoning authori- ties establish special density zoning standards for certain subdivisions. Density zoning ordinances restrict the average maximum number of houses per acre that may be built within a particular subdivision

Question 32

Deed restrictions

Answer 32

Deed restrictions are limitations to the use of property imposed by a past owner or the current owner by inclusion in the deed to the property and are binding on future grantees.

Question 33

CC&Rs

Answer 33

Unlike deed restrictions, restrictive covenants or covenants, conditions, and restrictions (CC&Rs), are private rules set up by the developer that establish standards for all the parcels within the defined subdivision or PUD

Question 34

CC&Rs

Answer 34

CC&Rs typically govern the type, height, and size of buildings that individual owners can erect, as well as land use, architectural style, construction methods, setbacks, and square footage. CC&Rs are enforced by the homeowners association (HOA) that is set up by the developer and turned over to the homeowners when a specified number of proper- ties has been sold.

Question 35

The U.S. Congress created the Interstate Land Sales Full Disclosure Act

Answer 35

The U.S. Congress created the Interstate Land Sales Full Disclosure Act (ILSA) to prevent fraudulent marketing schemes that may arise when land is sold without being seen by the purchasers.