Unit 2 Flashcards
Comprehensive Plan/ Master Plan
Guid to planning for change rather than reacting to proposals. Long term (20 years or longer) can be revised/ updated more frequently, plans for specific areas, and strategic plans.
- Land use
- Housing need of current and future residents
- Movement of people and goods
- Community facilities and utilities
- Energy conservation
Preparation involves surveys, studies, and analysis of housing, demographic and economic characteristics and trends.
Zoning
Regulatory tool that helps communities regulate and control how land is used for the protection of private health, safety, and welfare. Zoning ordinances implement the comprehensive plan and regulate and control the use of land and structures within designated land use districts. In the power of local municipal governments.
Planned Unit Development PUD
Development where land is set aside for mixed use purposes such as residential, commercial, and public areas.
Buffer Zone
Typically a strip of land separating land. Ease transition from on use to another. Can include Landscaped parks, playgrounds, and hiking trails.
Bulk Zoning
Controls density. Avoids overcrowding by imposing restrictions such as setbacks, building heights, and percentage of open area or by retracting new construction projects.
Aesthetic Zoning
specify certain types of architecture for ew buildings
Incentive Zoning
Ensure certain uses are incorporated into developments ex) street floor of an office building houses retail establishments
Eminent Domain
Power
Condemnation
Process
Inverse Condemnation
Affected property owner can request compensation when their property is affected by condemnation. Ex) Highway put in close to their property
Before and After Method
One method to determine just compensation. A portion of an owners property is seized for public use. The value of the owners property is subtracted from the value of the whole parcel before the taking.
Zoning Permits
Usually required before building permits can be issued. Ensures proposed development conforms to the permitted zoning and land use requirements.
Variances
Permit prohibited land uses to avoid undue hardships. Need a public hearing before it is issued.
Zoning Hearing Board
Listen to testimony about the effects of zoning ordinances on specific parcels of property. Petitions for variances are presented.
Nonconforming Use
Grandfathered into the new zoning. Lot or improvement that exists before the enactment or amendment of a zoning ordinance is allowed to continue legally as long as it complies with the regulations governing nonconformities in the local ordinance until the improvements are are destroyed or torn down or the current use is abandoned. Do not assume nonconforming use will be allowed to continue. verify with local zoning authorities.
Non- Conforming Use
Grandfathered into the new zoning. Lot or improvement that exists before the enactment or amendment of a zoning ordinance is allowed to continue legally as long as it complies with the regulations governing nonconformities in the local ordinance until the improvements are are destroyed or torn down or the current use is abandoned. Do not assume nonconforming use will be allowed to continue. verify with local zoning authorities.
Certificate of occupancy/ occupancy permit
Issued upon satisfactory completion of work. It indicates that the property has met standards suitable for habitation. Must be issued before anyone moves in and often before a lender will allow closing.
Certificate of occupancy/ occupancy permit
indicates that the property has met standards suitable for habitation. Must be issued before anyone moves in and often before a lender will allow closing.
Dedication
Voluntary transfer of private property by it’s owner to the public for some public use, such as streets, schools, or parks.
Plat
Detailed map that illustrates the geographic boundaries of individual lots. It shows the block, sections, streets, public easements, and monuments. Includes engineering data and restrictive covenants.
Impact Fees
Charges made in advance to cover anticipated expenses involving offsite capital improvements such as expanding water and sewer facilities, additional roads and school expansions.
Interstate Land Sales Full Disclosure Act
Relevant when the buyer is out of state. For unimproved lots in subdivisions of 25 or more lots of less than 20 acres each. Prevents fraudulent marketing schemes. Regulates by HUD. Required to present purchaser or lesee of property with a printed report before the purchaser or lessee signs a purchase contract or a lease. if they of not receive a copy of the report before signing the consumer can void the contract within two years. Any contract to purchase a lot covered by this act may be revoked at the purchasers option until midnight of the seventh day following the signing of the contract.
Interstate Land Sales Full Disclosure Act
Relevant when the buyer is out of state. Prevents fraudulent marketing schemes. Regulates by HUD. Required to present purchaser or lesee of property with a printed report before the purchaser or lessee signs a purchase contract or a lease. if they of not receive a copy of the report before signing the consumer can void the contract. Any contract to purchase a lot covered by the
Private Land Controls
- Deed restrictions: Placed in deed and can apply to future owners
- Restrictive covenants/ CC&Rs: referenced in the plat and are contained in a separate recorded instrument. Typically govern type, height, and size of buildings that individual owners erect, as well as land use, architecture style, construction methods, setbacks, and square footage. Enforced by the home owners association. Have time limitations
Laches
legal principle that a right may be lost through undue delayer failure to assert.
