Real Estate National Test Ch 20 Flashcards
D: Enabling Acts
States delegate to counties and local municipalities the authority to enact ordinances in keeping with general laws.
The degree to which governmental bodies seek to regulate land uses varies and is often a reflection of the priorities of local residents.
While there may be little objection anywhere to regulations that control noise, air, and water pollution, the topic of population density (lot and building sizes) can elicit strong reactions.
D: Comprehensive Plan
AKA: Master Plan
The comprehensive plan, also known as a master plan, is not a regulatory document, but a guide that tries to anticipate changing needs.
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 frequently,
(b) plans for specific areas, and
(c) strategic plans.
What are the Systematic planning for orderly growth usually considers the following elements as part of the comprehensive plan. And explain.
- Land use - determining how much land may be proposed for residences, industries, businesses, agriculture, traffic and transit uses, utilities, community 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, parking facilities, and pedestrian and bikeway systems
- Community facilities and utilities such as schools, libraries, hospitals, recreational 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
The preparation of a comprehensive plan involves what?
surveys, studies, and analyses of housing, demographic, and economic characteristics and trends.
The comprehensive plan is drafted by?
Planning commission
and approved by the city council or other governing body following a period for public comment at hearings held for that purpose.
D: Zoning Ordinances
Implement the comprehensive plan and regulate and control the use of land and structures within designated land-use districts, in part by separating conflicting land uses.
If the comprehensive plan is the big picture, zoning provides the details that carry out the comprehensive plan.
Although no nationwide or statewide zoning ordinances exist, the federal government and the states regulate land use through coastal management, environmental laws, and scenic easements.
Zoning affects such things as?
- Permited uses of each parcel of land
- Lot Sizes
- Types of structures
- Building Heights
- Setbacks (the minimum distance from property boundaries that structures may be built)
- Style and appearance of structures
- Density (the ratio of land area to structure area)
- protection of natural resources
D: Planned Unit Development
AKA: PUD
Is a development where land is set aside for mixed-use purposes, such as residential, commercial, and public areas.
Zoning regulations may be modified for PUDs. PUDs tend to also be heavily regulated by private restrictions, including limitations on building design, materials, landscaping, and use.
D: Buffer Zone
A strip of land, usually used as a park or designated for a similar use, separating land dedicated to one use from land dedicated to another use (e.g., residential from commercial).
Certain types of zoning that focus on special land-use objectives are used in some areas. These include
- Bulk Zoning to control density and avoid overcrowding by imposing restrictions such as setbacks, building heights, and percentage of open area or by restricting new construction projects;
- aesthetic zoning to specify certain types of architecture for new buildings;
- incentive zoning to ensure that certain uses are incorporated into developments, such as requiring the street floor of an office building to house retail establishments.
What makes a land-use legislation void?
Any land-use legislation that is destructive, unreasonable, arbitrary, or confiscatory usually is considered void. Furthermore, zoning ordinances must not violate the various provisions of the state’s constitution.
Commonly applied tests in determining 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
- ordinances apply to all property in a similar manner
D: 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.
If the nonconforming use is allowed to continue indefinitely, it is considered to be grandfathered into the new zoning.
Real estate professionals should never assume, nor allow their clients to assume, that an existing nonconforming use will be allowed to continue.
A prospective buyer should verify with the local zoning authorities the conditions under which the use is allowed to remain or whether changes are permitted.
D: Conditional-Use Permit
AKA: Special-Use Permit
May be granted to a property owner to allow a special use of property that is defined as an allowable conditional use within that zone, such as a house of worship or daycare center in a residential district.
For a conditional-use permit to be appropriate, the intended use must meet certain standards set by the municipality.
D: 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 demonstrate 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 creates a physical hardship for the development of a specific property.
True or False & Why?
Zoning is a regulatory tool that helps communities regulate and control how land is used primarily as a vehicle for private enterprise growth.
False
Zoning is used to implement the comprehensive plan, which takes into account land uses, present and anticipated future housing needs, community facilities, and utilities.
D: Building Codes
An ordinance that specifies minimum standards of construction for buildings to protect public safety and health.
Explain Permits
A property owner who wants to build a structure or alter or repair an existing building usually must obtain a building permit.
Through the permit requirement, municipal officials are made aware of new construction or alterations and can verify compliance with building codes and zoning ordinances.
An inspector will closely examine the plans and conduct periodic inspections of the work to ensure that the construction complies with relevant ordinances and codes.
Once the completed structure has been inspected and found satisfactory, the building official will issue a certificate of occupancy or occupancy permit.
If the construction of a building or an alteration violates a deed restriction, the issuance of a building permit will not cure this violation.
A building permit is merely evidence of the applicant’s compliance with municipal regulations.
Similarly, communities with historic districts, or those that are interested in maintaining a particular look or character, may have aesthetic ordinances.
These laws require that all new construction or restorations be approved by a special board.
The board ensures that the new structures will blend in with existing building styles.
Owners of existing properties will need to obtain approval to have their homes painted or remodeled.
D: Certificate of Occupancy
AKA: Occupancy Permit
The certificate of occupancy indicating that the property is suitable for habitation must be issued before anyone moves in and usually before a lender will allow closing.
Most municipalities allow for the transfer of property ownership without the need to comply with the most current building codes. The exceptions are usually for safety reasons.
Federal regulations may also be applicable, such as the design and construction requirements of the Americans with Disabilities Act (ADA).
D: Subdivision
A tract of land divided by the owner, known as the subdivider, into blocks, building lots, and streets according to a recorded subdivision plat, which must comply with local ordinances and regulations.