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Modern Real Estate Principles 2 > Unit 16-Control of land use > Flashcards

Unit 16-Control of land use Flashcards

1
Q

How is privately owned real estate regulated?

A 
Through:
Zoning
Subdivision regulations
Codes that regulate building construction, safety, and public health
Environmental protection legislation
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2
Q

What does police power include control over?

A

Noise
Air
Water pollution
Population density

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3
Q

How is control and regulation of land use accomplished in both the public and private sectors by federal, state, and local governments?

A

Public land-use controls
Private land-use controls through deed restrictions
Public ownership of land- including parks, schools, and expressways

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4
Q

Local governments recognize development goals primarily through the formulation of a ____?
It ensures that social and economic needs are balanced against environmental and aesthetic concerns.
It encompasses all geographic parts of the community and all elements that affect its physical development over a 20 to 30 year period.

A

Comprehensive plan (AKA master plan)

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5
Q

What is essential in preparing a comprehensive plan?

A

Economic and physical surveys

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6
Q

What are TIFs?

A

Tax increment financing districts
AKA tax increment reinvestment zone (TIRZ)
TIFs are the mechanisms to achieve the goal of developing raw land in suburban fringe areas and reversing the decline of major activity centers.
TIFs and TIRZ are created by a city council to attract new business in an area. TIFs help finance the cost of redeveloping or encouraging infill development in an area of a city or county that would otherwise not attract sufficient private investment in the reasonably foreseeable future.

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7
Q

What is the tax increment used for?

A

Tax increments (the taxes attributable to new improvements) are set aside in a fund to finance public improvements in a reinvestment zone- such as parks, street lighting, and building acquisition or rehabilitation costs.

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8
Q

What is CLT?

A

Community land trust
A nonprofit organization provided to develop vacant and blighted land for affordable low-to-moderate-income housing. The CLT sells a home at a restricted sales price and leases the underlying land to the homeowner through a long-term lease.

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9
Q

What are the 4 types of special zoning?

A

Bulk zoning
Aesthetic zoning
Incentive zoning
Directive zoning

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10
Q

Bulk zoning

A

Primary purpose: to control and prevent overcrowding through restrictions on setback, building heights and percentage of open spaces.

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11
Q

Aesthetic zoning

A

Primary purpose: to require that new buildings conform to specific types of architecture

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12
Q

Incentive zoning

A

Primary purpose: To require that street floors of office buildings be used for retail establishments

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13
Q

Directive zoning

A

Primary purpose: to use zoning as a planning tool to encourage use of land for its highest and best use

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14
Q

Is a zoning ordinance a police power?

A

Yes

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15
Q

What is a zoning ordinance?

A

The private land in a community is divided into districts or zones delimiting the various classes of land use. Zoning is a tool for implementing a local comprehensive plan to prevent incompatible adjacent land uses, overcrowding, and traffic congestion; restrict height and size/bulk of buildings; and promote aesthetic value.

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16
Q

How are zoning powers conferred?

A

By state enabling acts

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17
Q

Who did Texas delegate zoning powers to?

A

Municipalities but not to counties

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18
Q

Are there nationwide zoning regulations?

A

No

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19
Q

Are there statewide zoning regulations?

A

No, except for Hawaii

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20
Q

If there are no national or state zoning regulations, how can a state or federal government regulate land use?

A

Through special legislation such as scenic easement and coastal management laws.

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21
Q

What are the typical land-use classifications?

A

Agricultural
Residential
Commercial
Industrial

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22
Q

What is a PUD?

A

Planned unit development
A special zoning classification used by many communities for cluster zoning, multiple-use zoning, or special-purpose zoning.

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23
Q

What is the P&Z?

A

Planning and zoning commission

Recommends zoning ordinances to the city council for final approval.

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24
Q

What is spot zoning?

A

Zoning variations that result in small areas that differ significantly from adjoining parcels in a way that is not in harmony with the general plan for the area.
IE: a convenience store in the middle of a residential area.

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25
Q

How are zoning laws enforced?

A

Through local requirements that building permits be obtained before property owners can build on their land.

26
Q

Conditional-use permit

A

AKA special-use permit or specific-use permit.
A property may be used only if stipulated conditions are met.
P&Z commission might approve the property use within certain stipulations. The stipulated conditions are for the benefit of the neighborhood, NOT and individual property. The special conditions would be designed to minimize any adverse impact to the surrounding areas by enhancing existing regulations in the zoning ordinance.
This permit is issued to run with the land OR run with the ownership.

27
Q

Nonconforming use

A

A use that predates the zoning ordinance or its amendments.

Usually results from either annexation (bringing land into city limits) or amending current regulations.

28
Q

Variance

A

Permits an exception to a zoning ordinance. A waiver from compliance with a specific provision of the zoning ordinance. It is for the benefit of one parcel only.

29
Q

Variances can be given for:

A 
Area variances:
Height of a building
Setback requirements 
Minimum square footage of the lot area
Percentage of the lot that can be covered by a house/building 
Required number of parking spaces

Use variance: (a change in permitted use)
Handled through rezoning

30
Q

ZBA (Zoning boards of adjustment)

A

Zoning variances are not heard by the city council. They’re heard by ZBAs.
Established to bear complaints about the effects of zoning ordinances on a specific property.
A property owner may take the decision and appeal to the court of record.

31
Q

Extraterritorial jurisdiction (ETJ)

A

Legislation providing that The subdivision of land located within 1/2 to 5 miles of an incorporated village, town, or city (the distance based on the population size of the municipality) Must be approved by the municipality or the county.

32
Q

How much notice is required for a municipality to give notice before an annexation in an ETJ?

A

3 years BEFORE an annexation. And any land acquired must be contiguous to the city’s existing boundaries.

33
Q

What are the 3 stages in land development?

A

Initial planning stage
Final planning stage
Disposition or start-up stage

34
Q

What is done in the initial planning stage of land development?

A

The developer seeks out raw land in a suitable area that can be profitably subdivided, property is analyzed for highest and best use, preliminary subdivision plat is drawn up by a licensed surveyor, subdivision plat submitted to the city planning staff, surrounding property owners may need to be notified and public hearings may be required. Developer also locate financial backers and initiates marketing strategies

35
Q

What is done in the final planning stage of land development?

A

Final engineering plans and the final subdivision plat are prepared, approval is sought from the appropriate local officials, usually the planning and zoning commission or the city Council, or both. Once the plat is approved, it is recorded in the county clerks office, city issued a certificate to the developer. Permanent financing is obtained and the land is purchased, final budget prepared,

36
Q

What is done in the disposition or start up stage of land development?

A

The development process comes to a close. Streets, curbs, gutters, sanitary and storm sewers, and utilities are installed. Open parks and recreational areas are constructed and landscaped if they are part of the subdivision plan. Marketing programs are initiated, titles to the individual parcels of subdivided land are transferred as the lots are sold for Home construction.

37
Q

What are building codes?

A

Ordinances to specify construction standards that must be met when repairing or erecting buildings. requirements for kinds of materials, sanitary equipment, electrical wiring, fire prevention standards, and the like.

38
Q

What is a building permit?

A

Issued by a city building official before a person can build a structure or alter or repair an existing building on property within the corporate limits of the municipality. Through the permitting process, officials are made aware of new construction or alterations and can verify compliance with building codes and zoning ordinances. It is evidence of the applicant’s compliance with municipal regulations.

39
Q

When is a certificate of occupancy issued?

A

After the completed structure has been inspected and found satisfactory by the city inspector.

40
Q

What is a deed restriction?

A

Clauses in a deed limiting the future uses of the property. A private contract between the developer and the property owner. Restrictions are generally placed on a property by the property developer. Restrictive covenants run with the land and are binding on subsequent purchasers.

41
Q

What is laches?

A

If adjoining lot owners stand idly by while a violation is being committed, they can lose the right to obtain a court injunction by their inaction; the court might claim the right was last through laches, the loss of a right through undue delay or failure to assert it.

42
Q

What are the two methods of changing deed restrictions?

A

Waiver and judicial

43
Q

How do you effect a waiver to change a deed restriction?

A

A notarized document must be obtained from every property owner, mortgage lender (regardless of lien classification), and the original developer or his estate. (Not practical for a large subdivision)

44
Q

How do you affect judicial recourse to change deed restrictions?

A

File a lawsuit to obtain a favorable ruling that declares the offending deed restriction to be void.

45
Q

What is a condition?

A

A contingency, qualification, or occurrence on which an estate or property right is gained or lost. Conditions in a deed are different from restrictions or covenants.

46
Q

What is public ownership?

A

Ownership of land by a government entity

47
Q

What is the Interstate Land Sales Full Disclosure Act?

A

A consumer protection act. A law that requires those engaged in the interstate sale or leasing of 25 or more lots to file a statement of record and register the subdivision with HUD. The seller is also required to furnish prospective buyers with a property report before execution of a contract

48
Q

What is a property report?

A

Contains all essential information about the property, such as distance over paved roads to nearby communities, number of homes currently occupied, soil conditions affecting foundation and septic systems, type of title a buyer will receive, and existence of liens.

49
Q

In Texas, what are the agencies responsible for the administration of most environmental protection laws?

A

TCEQ Texas commission of environmental quality
DSHS Texas Department of State Health services
TPWD Texas Parks and wildlife department

50
Q

When is a lead based paint disclosure form required?

A

If the property was constructed before 1978.

51
Q

What does an environmental assessment addendum permit?

A

Permits a buyer to terminate a contract if environmental research or reports indicate conditions that adversely affect the use of the property.

52
Q

What does an environmental audit include?

A

The property’s history of use in the results of extensive and complex test of the soil, water, air, and structures. Trained inspectors conduct air-sampling tests to detect radon, asbestos, electromagnetic fields, or soil and water quality.

53
Q

What is CERCLA?

A

Comprehensive environmental response, compensation, and liability act. Passed in 1980. Established a $9 billion Superfund.

54
Q

What is a Superfund?

A

To clean up uncontrolled hazardous waste sites and to respond to spills, the Superfund was created by CERCLA. It created a process for identifying potential responsible parties and ordering them to take responsibility for the clean Up action.

55
Q

What is the Superfund amendments and reauthorization act?

A

It created an innocent landowner immunity, stipulating that a landowner in the chain of ownership who is completely innocent of all wrongdoing should not be held liable. The landowner must have exercised due care when the property was purchased making a reasonable search to determine that the property was not environmentally damaged.

56
Q

What are the three types of insurance policies to reduce possible contamination negligence?

A

Clean up cost cap insurance
Pollution legal liability policy
Banker’s environmental risk insurance

57
Q

Green building

A

EPA defines it as the practice of creating structures and using processes that are environmentally responsible and resource efficient throughout the building’s lifecycle from site preparation to design, constructing, operating, maintenance, renovation, and deconstruction. Designed to reduce the overall impact of buildings on human health and the natural environment.

58
Q

ENERGY STAR

A

A joint program of the EPA in the US Department of energy. The most popular new home energy rating system. Includes a HERS(home energy rating system) rating. Each one point decrease in the HERS index corresponds to a 1% reduction in energy consumption. Houses with a 72 rating of 28% more efficient than a standard house.

59
Q

LEED

A

Leader ship in energy and environmental design. A rating system issued by the US green building Council. Measures performance in nine key areas that encourage such activities as using a previously developed lot close to community resources and transit; monitoring energy; reusing and recycling building materials to reduce waste; educating homebuyers; using renewable and clean sources of energy, generated on site or offsite; and using water-wise landscaping.

60
Q

EEM & EIM

A

EEM: an energy-efficient mortgage that recognizes the added value of energy efficiency; it is typically used to purchase a new home that is already energy efficient, such as an ENERGY STAR – qualified home. Can I help you purchase or qualify for a larger loan because the loan company takes into consideration the money saved each month on utility bills.
EIM: energy-improvement mortgage allows borrowers to include in the mortgage the cost of energy-efficiency improvements to an existing home without increasing the down payment.

Modern Real Estate Principles 2 (4 decks)

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