Unit 20 Flashcards
How is land use controlled
public and private limitations, direct ownership of land by federal, state and local governments
The largest owner of real estate in the US
US Government
Police Power
right of the government to pass laws to protect the public’s health, safety and welfare
Enabling Acts
states delegate to counties and local municipalities the authority to enact ordinances in keeping with general laws
Comprehensive plan
a guide that tries to anticipate changing needs; master plan
Zoning Ordinances
implement the comprehensive plan adn regulate and control the use of land and structures within designated land-use districts, in part by separating conflicting land uses
What does zoning affect
- permitted uses of each parcel of land
- lot sizes
- types of structures
- building heights
- setbacks
- Style and appearance of structures
- Density
- Protection of natural resources
Setbacks
the minimum distance from property boundaries that structures may be built
Density (zoning)
ratio of land area to structure area
Builing Envelope
lot within a lot that is within the zoning setbacks
What elements does systematic planning consider
- land use
- housing needs of present and anticipated residents
3, ovement of people and goods - communities facilities and utilities
- energy conservation
Land use
determining how much land may be proposed for residences, industries, businesses, agriculture, traffic and transit use, utilities, community facilities, park and recreational facilities, floodplains, and areas of special hazards
What does a comprehensive plan often include
- general plan that can be revised and updated more frequently
- plans for specific areas
- strategic plans
Who normally drafts a comprehensive plan
planning commission
Who approves the comprehensive plan
city council
What does the preparation of a comprehensive plan involve
surveys, studies, analyses of housing, demographic, and economic characteristics and trends
Planned Unit development
development where land is set aside for mixed-use purposes
4 main zoning classes
residential, commercial, industrial, agricultural
Buffer Zones
a strip of land separating land dedicated to one use from land dedicated to another use; eases the transition from one use to another
Zoning that focuses on special land-use objectives
- bulk zoning
- aesthetic zoning
- incentive zoning
Bulk zoning
controls density and avoids overcrowding by imposing restrictions such as setbacks, building heights, and percentage of open area or by restricting new construction projects
Aesthetic Zoning
specifies certain types of architecture for new buildings
Incentive Zoning
ensures that certain uses are incorporated into developments
Purpose of zoning ordinances
to meet both the growing demand for a variety of housing types and the need for innovative residential and nonresidential development
Zoning Permit
monitors compliance with zoning by requiring a property owner to obtain a permit before beginning any development; required before a building permit will be issued
Nonconforming Use
a lot or an improvement that does not conform to the zoning use because it existed before the enactment or amendment of the zoning ordinance
When is noncoforming use allowed
- complies with regulations governing nonconformities until the improvement is destroyed or torn down
- until the current use is abandoned
Zoning Hearing Board
hears testimony about the effects a zoning ordinance may have on a specific parcel of property; hears petitions for an exception to the zoning laws
Conditional Use Permit
granted to a property owner to allow a special use of property that is defined as an allowable conditional use within that zone
Variance
permits a prohibited land use to avoid undue hardship
How to quality for a variance
owner must demonstrate the unique circumstances that make the variance necessary; prove that the regulation has caued harm or created a burden
How can a property owner seek a change in the zoning classification
obtaining an amendment to the district map or zoning ordinance for the area
Building Codes
ordinances to specify construction standards that must be met when repairing or erecting builings
Certificate of occupancy
indicates that the property is suitable for habitation; must be isssued before anyone moves in and usually before a lender will allow closing
What is a building permit evidence of?
applican’t compliance with muicipal regulations
Who controls laws governing subdividing and land planning?
state adn local governing bodies
Subdivider
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
Developer
improves the land, constructs homes or other builds on the lots, and sells them
Plat Mat
a detailed map illustrating the geographic boundaries of individual lots; shows the lots, blocks, sections, streets, public easements, and monuments in the prospective subdivision
Density zoning ordinances
restrict the average maximum number of houses per acre that may be built within a particular subdivision
Gross Density
average number of units in the development
What do zoning ordinances dictate for subdivisions?
minimum lot sizes, population density requirements; must be at or below maximum density allowed to be within ordinances
Deed Restrictions
limitations to the use of the property imposed by a past owner or the current owner by inclusion in the deed to the property and are binding on future grantees
Restrictive Covenants (CC&R)
private rules set up by the developer that establish standards for all the parcels within teh defined subdivision or PUD
Who enforces CC&Rs
HOA
When are restrictive convenants valid
if they are reasonable restraints that benefit all property owners in the subdivision (protect property values or safety)
laches
legal principal that a right may be lost through undue delay or failure to assert it
Interstate Land Sales Full Disclosure Act (ILSA)
prevents fraudulent marketing schemes that may arise when land is sold without being seen by the purchasers
What is required by a property seller by ILSA?
must file a statement of record with CFPB before offering unimproved lots in interstate commerce by telephone or through the mail; must contain numerous disclosures about the property
ILSA exemptions
- does not apply to subdivisions consisting of fewer than 25 lots or which each lot is 20+ acres
- lots offered for sale solely to developers
- lots on which buildings exist or where a seller is obligated to construct a building within 2 years
What information must be disclosed to a purchaser or lessee before they sign a purchase contract/lease according to ILSA
- type of title grated to the buyer
- # of homes currently occupied on site
- availability of recreation facilities
- distance to nearby communities
- utility services and cahrges
- soil conditions and foundation or construction problems
Land development plan
subdivider must have a plan before actual subdividing that complies with the municipalitie’s comprehensive or master plan
Impact fees
charges made in advance to cover anticipated expenses involving off-site capital improvements in a subdivisions
What are common tests for determining the validity of zoning ordinances
- power be exercised in a reasonable manner
- provisions be clear and specific
- ordinances be nondiscrimintory
- ordinances promote the public health, safety, and general welfare under the government’s police power
- ordinances apply to all property in a similar manner
What land use legislation is void?
destructive unreasonable, arbitrary, or confiscatory land-use legislation
Government controls on property use
regulation of the use and disposal of hazardous materials by the federal government to the design, construction, and type of buildings that are permitted at the local level
