Unit 20/Class 18 Flashcards

1
Q

Right of the state to protect the public

A

police powers

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2
Q

a space of land separating one land use from another

A

buffer zone

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3
Q

used as insulation

A

asbestos

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4
Q

may be found in older homes

A

lead paint

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5
Q

a radioactive gas

A

radon

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6
Q

an exception from zoning alws

A

variancce

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7
Q

space between a lot line and building line

A

setback

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8
Q

a permitted use of land that is not in compliance with a zoning ordinance

A

non-conforming

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9
Q

written permission to construct a building

A

building permit

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10
Q

a document that may contain private restrictions

A

deed

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11
Q

land use is controlled and regulated through…

A

public restrictions such as planning and zoning, building codes, and subdivision plans

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12
Q

private restrictions are imposed by a _______

A

deed

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13
Q

The police power of the state is its authority to create regulations to protect the public _______, _______ and _________

A

health, safety and welfare

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14
Q

Zoning ordinances cover what types of things

A
permitted uses
lot sizes
types of structures
building heights
setbacks
style and appearance 
density
protection of natural resources
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15
Q

What are buffer zones

A

separate residential from non-residential areas

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16
Q

______ zoning controls density

A

bulk

17
Q

Zoning is enforced through the use of _______

A

permits

18
Q

A __________ is issued upon satisfactory completion of work for which a building permit was issued

A

certificate of completion

19
Q

Subdivider vs. developer

A

A subdivider buys undeveloped acreage and divides it into smaller lots for sale to individuals or developers. A developer improves land and constructs homes or other buildings that are then sold.

A developer improves land and constructs homes or other buildings that are then sold

20
Q

______ zoning or multiple-use zoning allows the development of planned unit developments

A

cluster

21
Q

What is a setback?

A

The space of land between a lot line and the building line of an improvement

22
Q

_______ zoning requires certain uses to be incorporated into a development, such as the street level portion of a building to house retain offices while the upper level can have residential units.

A

Incentive

23
Q

Not to be confused with a buffer, a buffer zone is a space of land between two zoning districts. Give examples

A

parks
rivers
greenbelts
highways

24
Q

What is down zoning

A

occurs when a land use, such as residential, is rezoned for another use, such as a park or for conservation. Down zoning takes a property’s use from a higher use to a lower use.

25
Q

non-conforming vs variance

A

non-conforming - your property was there before a zone change

variance - usually given to remedy a setback violation, variances give a property owner relief from a zoning ordinance and allows the owner to use his land in a manner that would normally be prohibited by a zoning ordinance.

26
Q

A plat is a map that shows the….

A

geographic boundaries of a lot

27
Q

If you have a conflict in the zoning vs the deed, which one “wins?”

A

Whichever one is more restrictive.

28
Q

CERCLA, the comprehensive environmental response and compensation and liability act, is administered by the EPA and does what?

A

Provides for cleanup of environmental problems through its superfund and identifies who is responsible for cleaning up environmental problems.

29
Q

A landowner can be held liable for environmental problems and cleanup. Liability is broken up into three categories:

  1. Strict Liability
  2. Joint and Several Liability
  3. Retroactive liability
A
  1. Strict Liability - landowner liable to an injured party without excuse
  2. Joint and Several Liability - in the case of multiple landowners, each owner is liable
  3. Retroactive liability - includes the current landowner and all past owners
30
Q

NOTE FOR FUTURE: One of the only ways a landowner can remove the potential liability for environmental issues is if they complete a Phase 1 environmental inspection when the property is purchased

A
31
Q

The division of a tract of land into building lots is covered by what regulations

A

subdivision regulations

32
Q

The use of a property that was lawful at the time of enactment but is now in violation of a zoning regulation is an example of…

A

nonconforming use

33
Q

What are three types of LAND control

A

zoning
urban planning
restrictive covenants

34
Q

The most likely reason for building homes that are a uniform distance back from the street would be….

A

local setback requirements

35
Q

A deed restriction may not be used to…

A

limit ownership because of minority status

36
Q

Sal, who recently purchased a new home, has been told that there are a number of limitations regarding the use of the proeprty. These limitations are commonly known as…

A

restrictive covenants

37
Q

A grocery store, operating under a zoning grandfather clause in a residential district, burns to the ground. Can the owner rebuild the store?

A

no, grandfather rights do not allow reconstruction of a nonconforming use, without specific approval

38
Q

Performance standards enacted through zoning ordinances regulate:

A

noise and air pollution

39
Q

Performance standards –> noise and air pollution

Building Codes –> Construction standards

Side of a building –> zoning

A