PSI Exam Prep: Land Use Controls and Regulations Flashcards
These are taxes based on the value of the real estate.
Ad valorem (To value) taxes
These taxes may pay for items such as schools, police, fire, etc.
General property taxes
These taxes are imposed only on properties that benefit from the improvement, such as a tax to installat a sewer line or city water line on one specific street. Other examples may include paved streets, curbs, sidewalks, or street lighting.
Special assessment taxes
These type of liens take priority over all other property liens in most states.
Property tax liens
The government’s power to take private land for public use. For example, this could be used to take private property needed for a planned freeway project.
eminent domain
The process of taking title and physical possession of private property using the government’s power of eminent domain; the property owner is paid just compensation for the value of the property.
Condemnation action
The government takes private property but fails to compensate the owner; property owners are forced to file suit to obtain compensation. The taking may be physical through occupation, or regulatory, where government regulations cause the property to lose economic value.
Inverse condemnation
The state’s power to take the property of a decedent who dies without a will, heirs, or creditors.
Escheat
it is the government’s authority, at any level, to do what it can to ensure the health, safety, and welfare of its citizens.
Police power
These power includes licensing, public services, zoning, and building codes.
Police power
it is a police power exercised by a state, county, city, or town government that classifies land based on its current or intended usage
Zoning
local laws or regulations that implement the comprehensive plan by regulating zoning and land use and are usually enforced at the city level. it regulate things like lot size, building height, and permitted uses within each zoning classification on a zoning map and may not violate the federal Fair Housing Act.
Zoning ordinances
This is often monitored by requiring developers to make application for permits, which are only granted if they’re not at odds with zoning ordinances.
Zoning compliance
What are the zoning classification?
Residential Commercial Combination/mixed use Industrial Open space Agricultural Parkland Recreation area
it allows otherwise prohibited development in return for the developer providing a community benefit.
Incentive zoning
regulates the density of a given area by requiring certain building height limitations, lot width, setback requirements, etc. it applies to both residential and commercial zoning.
Bulk zoning
it is a way to ensure the visual and architectural consistency of an area.
Aesthetic zoning
it is the process of assigning a lower-density use zone to an area previously allowing a higher density.
Downzoning
it refers to a number of things per unit, such as houses per acre.
Density zoning
it rezones a specific property for use within another zoning area.
Spot zoning
it Deviates from current zoning but is grandfathered in (such as a home built years ago in an area that’s now commercially zoned).
Nonconforming use
it Temporarily halts new property development
Moratorium (moratory or delay)
it allows use that’s not normally permitted but is considered an “allowable” use within that zoning, such as a church within a residentially zoned area
Special use permit (aka conditional use permit)
typically granted when the zoning has created a hardship or burden on the property owner. Both this permits and variances require a public hearing before they’re granted.
Variance (aka use variance) Permitted deviation
they develops the master plan (also known as comprehensive plan), which includes a budget. In a city, this is known as urban planning.
the planning board
it describes the physical and natural features of an area
topography
it is a map of a subdivision that represents a tract of land, showing the boundaries and location of individual properties, streets, easements, and other pertinent information
plat map
These are rules that specify the standards to which certain building projects must comply. These help ensure safe, properly functioning buildings for their occupants. it address the method of construction, materials used, and the building’s safety and sanitary standards.
Building codes
provide bare minimum standards for all residential and commercial buildings in the state, while local codes provide additional regulation.
State building codes
If there is no state or local code….
builders must comply with the federal building code.
it permit existing construction to be sold and occupied without meeting current building codes.
Most municipalities
these are areas that are saturated by water in an amount sufficient to support vegetation that grows in the saturated soil.
Wetlands
they are an additional environmental concern for homeowners and buyers. These are low-lying areas of property that are susceptible to flooding because of their proximity to a water source.
Flood zones (aka floodplains)
this agency provides a search service that homeowners can use to determine if their property lies in a flood zone
The Federal Emergency Management Agency (FEMA)
They are abandoned commercial or industrial sites suspected to contain toxic waste.
Brownfields
a fibrous material that’s dangerous when it begins to deteriorate and becomes friable (easily crumbled or reduced to dust), was used in many materials before the 1970s because of its fire-retardant qualities. Inhaled particles can cause lung damage.
Asbestos
EPA stands for
The Environmental Protection Agency
Who regulates asbestos?
EPA (The Environmental Protection Agency)
this can be found in paint, plumbing, dust, soil, and drinking water. Lead causes many health issues, particularly among infants, children, and the elderly. In children, issues can include behavioral problems, learning disabilities, seizures, and even death.
lead
it occurs naturally in the environment and can be found in soil and well water. it enters a home through the building’s cracks and crevices, and experts believe it can cause lung cancer.
Radon
it is promoted by excessive moisture and lack of air circulation. Excessive levels of it can cause allergic reactions or act as a respiratory irritant in individuals who are sensitive to it or immune-compromised. In some cases, it may release potentially toxic substances.
Mold
it is an odorless, colorless toxic gas that’s formed whenever fuel is burned. Gas and oil furnaces, gas refrigerators, clothes dryers, ranges, water heaters, and space heaters produce it, as can fireplaces, charcoal grills, and wood-burning stoves.
Carbon monoxide
it is water that is under the earth’s surface. Mining activities, landfill drainage, leaking underground storage tanks, contaminated storm drains, and agricultural pesticides contribute to groundwater contamination (and therefore, potential contamination of private and public drinking water sources).
Ground water
are typically huge excavated areas where waste is buried underground. Federal, state, and local governments regulate waste site placement, construction, and content. Rural properties or properties that were once in rural areas but have been swallowed up by a metro area may also contain sites where property owners once dumped trash.
Waste Disposal (landfill)
it was established to clean up closed, abandoned, or uncontrolled hazardous waste sites and spills.
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
it added an “innocent landowner” defense to CERCLA. Landowners who performed their due diligence when purchasing a property may be held innocent of clean-up liability if the property is found to be contaminated.
The Superfunds Amendments and Reauthorization Act (SARA)
What CC&Rs stands for ?
Covenants, conditions, and restrictions
Subdivision regulations imposed by developers in an effort to maintain control of the development of the subdivision are an example of
Private land use control
Abatement means
reduction
Covenant means
Agreement
Which entity enforces subdivision covenants
The civil court system
it include wetlands, floodplains, shoreline or waterfront property, protected habitats, historic landmarks, and land contaminated with hazardous waste.
Special land types
This provides direct funding, typically in the form of grants, to property owners to assist in the assessment and cleanup of contaminated sites.
The Brownfields Law
These individuals ensures that community growth is controlled and orderly. It is also responsible for developing the master plan, which includes budgeting for long-term projects.
Planning board
The property owner is responsible for cleanup, regardless of who’s at fault.
Strict liability
Each of the responsible parties is personally responsible for damages.
Joint and several liability
Both the current owner and prior owners are liable.
Retroactive liability
what capped means?
When a landfill is put out of commission,
Requests for variances and special use permits must be submitted to
the zoning board of appeals.
occurs when a structure or business was legally established according to zoning ordinances at the time, but does not meet current zoning and building regulations. This is called being “grandfathered.”
non-conforming use of land
The federal Government in the Sunshine Act is part of what?
The Freedom of Information Act
Which of the following is a true statement about police power and public land use controls?
local governments and their planning boards control budgeting, site-plan review, and building codes.
What is the federal program that was created to help mitigate future flood losses across the country?
National Flood Insurance Program (NFIP)
specify construction standards to ensure the health and safety of those using the buildings. Sanitary drainage and disposal are a common with this
Building code
Tres owns a warehouse in an area that is zoned light industrial. With an increased demand for housing in the area, Tres wants to create loft-style condos and have his property designated as residential, even though the surrounding buildings will remain light industrial. What type of zoning is this?
Spot zoning allows a specific property to be rezoned within an existing zoning area. Spot zoning is illegal in some states.
Residents of Tinytown have been complaining to town officials that the village-like character of their town is being affected by the medium-rise condos that developers are building on the edge of town. In response, local government officials rezoned the areas on the edges of town as parklands. What type of zoning is this?
Downzoning assigns a lower density use to an area that previously allowed a higher density.
Jacob’s family has operated a neighborhood grocery store in the community since before the land was zoned residential. Jacob continues to operate the store legally. What would you call this?
Non-conforming use
Local authorities lack police power over which of the following?
Federal government construction projects
When a government entity exercises its powers to create zoning ordinances, what must be followed?
An area’s comprehensive plan outlines its future development plans and goals of the area. Zoning decisions should follow this plan.
what is An accessory use ?
it is one that’s subordinate but related to the main use of the property.
