Unit 20/Class 18 Flashcards
Right of the state to protect the public
police powers
a space of land separating one land use from another
buffer zone
used as insulation
asbestos
may be found in older homes
lead paint
a radioactive gas
radon
an exception from zoning alws
variancce
space between a lot line and building line
setback
a permitted use of land that is not in compliance with a zoning ordinance
non-conforming
written permission to construct a building
building permit
a document that may contain private restrictions
deed
land use is controlled and regulated through…
public restrictions such as planning and zoning, building codes, and subdivision plans
private restrictions are imposed by a _______
deed
The police power of the state is its authority to create regulations to protect the public _______, _______ and _________
health, safety and welfare
Zoning ordinances cover what types of things
permitted uses lot sizes types of structures building heights setbacks style and appearance density protection of natural resources
What are buffer zones
separate residential from non-residential areas
______ zoning controls density
bulk
Zoning is enforced through the use of _______
permits
A __________ is issued upon satisfactory completion of work for which a building permit was issued
certificate of completion
Subdivider vs. developer
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
______ zoning or multiple-use zoning allows the development of planned unit developments
cluster
What is a setback?
The space of land between a lot line and the building line of an improvement
_______ 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.
Incentive
Not to be confused with a buffer, a buffer zone is a space of land between two zoning districts. Give examples
parks
rivers
greenbelts
highways
What is down zoning
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.
non-conforming vs variance
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.
A plat is a map that shows the….
geographic boundaries of a lot
If you have a conflict in the zoning vs the deed, which one “wins?”
Whichever one is more restrictive.
CERCLA, the comprehensive environmental response and compensation and liability act, is administered by the EPA and does what?
Provides for cleanup of environmental problems through its superfund and identifies who is responsible for cleaning up environmental problems.
A landowner can be held liable for environmental problems and cleanup. Liability is broken up into three categories:
- Strict Liability
- Joint and Several Liability
- Retroactive liability
- Strict Liability - landowner liable to an injured party without excuse
- Joint and Several Liability - in the case of multiple landowners, each owner is liable
- Retroactive liability - includes the current landowner and all past owners
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
The division of a tract of land into building lots is covered by what regulations
subdivision regulations
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…
nonconforming use
What are three types of LAND control
zoning
urban planning
restrictive covenants
The most likely reason for building homes that are a uniform distance back from the street would be….
local setback requirements
A deed restriction may not be used to…
limit ownership because of minority status
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…
restrictive covenants
A grocery store, operating under a zoning grandfather clause in a residential district, burns to the ground. Can the owner rebuild the store?
no, grandfather rights do not allow reconstruction of a nonconforming use, without specific approval
Performance standards enacted through zoning ordinances regulate:
noise and air pollution
Performance standards –> noise and air pollution
Building Codes –> Construction standards
Side of a building –> zoning
