Unit 8 Flashcards
List at least three goals of land use control.
Preserve property values
Promote highest and best use
Balance property rights with public good
Control growth
Involve community in planning process.
What are the three phases of land use planning?
Master planning
Plan administration
Plan implementation—zoning, codes, permits.
Why do communities care about growth trends?
Too much growth of the wrong type or in the wrong place can overwhelm services and infrastructure.
Name four common types of zone.
Common zones:
residential
commercial
industrial
agricultural
public
planned unit development (PUD)
Give an example of a legal and illegal nonconforming use.
Legal: A motel is situated in a residential area that no longer allows commercial activity. The zoning board rules that the motel may continue to operate until it is sold, destroyed or used for any other commercial purpose.
Illegal: That same motel is sold, and the new owner continues to operate the property as a motel.
What conditions are necessary for a special exception to a zoning regulation?
The requested use must be beneficial or essential to the public welfare and may not materially impair other uses in the zone.
What do subdivision regulations usually cover?
Location, grading, surfacing, alignment and widths of streets and highways
Sewer and water main installation
Minimum dimensions of property lots
Setback lines for structures
Areas reserved for public use, such as parks and schools
Public utility easements
What is the policy of concurrency?
The policy requires subdivision developers, at the same time as they are developing their projects, to make improvements that will minimize the negative impact of the project on municipal infrastructure.
What does eminent domain allow a government to do?
Eminent domain allows a government entity to purchase a fee, leasehold, or easement interest in privately owned real property for the public good and for public use, regardless of the owner’s desire to sell or otherwise transfer any interest. In exchange for the interest, the government must pay the owner “just compensation.”
What do deed restrictions do?
Deed restrictions place limits on how the property may be used.
What is the Doctrine of Laches?
This doctrine states that if a property owner is lax in protecting their rights, the property owner may lose those rights.
Give some examples of materials that are regulated as being harmful to air quality.
Examples are: asbestos, carbon monoxide, formaldehyde, lead, mold, radon
Give some examples of materials that are regulated as being harmful to soil and water quality.
Examples are: dioxins, lead, mercury, MTBE, PCB.
What responsibilities does a seller’s agent have as a result of the Lead-based Paint Act of 1992?
Disclose known lead problems in properties built before 1978; give the buyer or lessee a HUD booklet about lead; provide relevant records.
Goals of land use control
Preservation of property values
Promotion of the highest and best use of property
Balance between individual property rights and the public good
Control of growth to remain within infrastructure capabilities
Incorporation of community consensus into regulatory and planning activities
Development, administration and implementation of the ______, which becomes the overall guideline for creating and enforcing zones, building codes, and development requirements.
master plan
Planning Objectives
Amount of growth, Growth patterns, accommodating demand
Amount of growth
sets specific guidelines on how much growth the jurisdiction will allow. Too much growth can overwhelm services and infrastructure.
Growth patterns
defines what type of growth will occur, and where.
Accommodating demand
make plans for accommodating expanding or contracting demand for services and infrastructure.
_________ are responsible for long-term implementation of the master plan, creating rules that support policies and administering land use regulation on an everyday basis.
Planning departments
The ___________ is responsible for approving site/subdivision plans and building permits and ruling on zoning issues.
planning commission
Governments have the right to ___ real property for public use and welfare.
own
A municipality may ____ property adjacent to its existing property.
annex
It may force property owners to sell their property through eminent ____.
domain
________ is enacted by the local government to specify land usage for every parcel within the jurisdiction. They implement the master plan by regulating density, land use intensity, aesthetics, and highest and best use.
Zoning ordinance
Local governments enforce zoning ordinances by issuing ________ to those who want to improve, repair, or refurbish a property.
building permits
Types of zones
residential, commercial, industrial, agricultural, public zoning, planned unit development zoning
Residential zoning
regulates density and values and aesthetics. Some areas adopt buffer zones.
Commercial zoning
regulates the location of office and retail land usage - density of usage.
Industrial zoning
regulates intensity of usage, type of industrial activity and environmental consequences.
Agricultural zoning
restricts land use to farming, ranching, and other agricultural enterprises.
Public zoning
restricts land use to public services and recreation.
Planned unit development zoning
restricts use to development of whole tracts that are designed to use space efficiently and maximize open space.
A ______ clearly differs from current zoning. An illegal nonconforming use is one that conflicts with ordinances that were in place before the use commenced.
nonconforming use
A zoning ___allows a use that differs from the applicable ordinance for a variety of justifiable reasons.
variance
A_____ grant authorizes a use that is not consistent with the zoning ordinance in a literal sense, yet is clearly beneficial or essential to the public welfare and does not materially impair other uses in the zone.
special exception
Amendment
a property owner may petition the zoning board for an outright change in the zoning of a particular property. Often involves public hearings.
The developer submits a _______ containing surveyed plat maps and comprehensive building specifications.
plat of subdivision
extraterritorial jurisdiction.
In counties that are densely populated, the county must approve subdivisions
Concurrency
requires the developer to make accommodations concurrently with the development of the project itself, not afterwards.
Subdivisions must meet ____ to qualify for FHA financing insurance.
FHA requirements
________ allow the county to protect the public against the hazards of unregulated construction.
Building codes
If the work complies, a ________ is issued, clearing the property for occupation and use.
certificate of occupancy
_____ allows a government entity to purchase a fee, leasehold, or easement interest in privately owned real property for the _______ and for _____. regardless of the owner’s desire to sell.
Eminent domain ; public good ; public use,
A __________ places limits on the use of the property. A quitclaim deed can terminate a private deed restriction.
deed restriction
A ________ may restrict certain uses of a property. If a condition is violated, ownership reverts to the grantor. These conditions create a defeasible fee estate.
deed condition
The declaration of a subdivision, planned unit development, condominium, and commercial or industrial park contains private use _____ . An injunction prevents the owner from using a property in a way that is contrary to the recorded restrictions.
restrictions
Restrictive covenants
are promises by those who purchase property in the subdivision to limit the use of their property to comply with the requirements of the restrictive covenants - negative easements.
Restrictions must be reasonable, and they must benefit all property owners alike.
Restrictive covenants may be ______ if the specified time period of the covenant expires or the property owners vote to end the restrictions.
terminated
The _________ states that if a property owner is lax in protecting their rights, the property owner may lose those rights.
doctrine of laches
Air quality - significant threats:
Asbestos
Carbon monoxide
Formaldehyde
Lead
Mold
Radon
Soil and water quality - problems subject to controls:
Dioxins
Lead and mercury
MTBE, methyl tertiary butyl ether
PCB, polychlorinated biphenyl
Underground storage tanks (USTs)
Wetlands
Other ambient and natural conditions:
Electromagnetic fields (EMTs)
Noise
Earthquake and flood hazards
For their own protection, licensees should:
Be aware of potential hazards.
Disclose known material facts.
Distribute the HUD booklet.
Know where to seek professional help.
Which of the following is NOT normally a basic land use consideration of master planners?
Social growth
Economic growth
Building codes and code enforcement
Infrastructure adequacy
Building codes and code enforcement
If a subdivision has a restrictive covenant, it
must be adhered to by all subdivision owners.
As evidence that building inspectors have found that a structure complies with building codes and is ready for use, the municipality or county issues a(n)
certificate of occupancy.
What is the effect of the Doctrine of Laches?
A property owner who is lax in protecting ownership rights may lose those rights.
The individual right to own land is guaranteed by
the U.S. Constitution.
In what year was the use of lead in paint banned?
1978
The National Environmental Policy Act of 1969 requires developers of large projects to
conduct an environmental impact survey.
What is the relationship between master planning and zoning ordinances?
Zoning ordinances are a primary means of keeping land use in line with the master plan.
The basic intent of zoning ordinances is to
specify usage for every parcel within the zoning authority’s jurisdiction.
Which of the following was an important result of the National Environmental Policy Act of 1969?
Money was provided for hazardous waste disposal.
The Environmental Protection Agency was created.
Lead was banned in the manufacture of plumbing materials.
Transportation-related noise was banned.
The Environmental Protection Agency was created.
Private land use control is primarily exerted by
the owner of the controlled property via deed restrictions.
What is a “buffer zone?”
A transitional zone between a residential zone and a commercial zone.
