Unit G Law - Land Use Restrictions Flashcards
Factors that Influence Property Ownership
Income, Supply and demand of housing, Tax benefits, Availability of Financing, Stability, Economy, Housing prices, Rent prices, school districts, commuting, consumer confidence, special needs
public land use controls
zoning restrictions, building codes, housing codes, subdivision regulations, or other restrictions
States ability to “police power”
The right of cities and counties to pass land use legislation is granted by the states in the form acts.
downzoning
re-zoning land to allow three units per acre instead of the ten that was previously allowed
- In most states, the owner of land affected by downzoning is not compensated for the loss in value or loss of profit.
upzoning
Rezoning for purposes of higher density
eminent domain
When the government desires that land needs to be acquired for a public purpose, the government will compensate the owner for the physical taking of his land by fair and just compensation.
master plan or general plan.
Comprehensive planning and growth management focuses on the planning and the implementation of policies to manage land developments and communities within a city or county.
comprehensive plan
- Designation or urban growth areas
- Contiguous and orderly development and providing urban services
- The location of major public capital facilities
- Transportation strategies and facilities
- Affordable housing needs and distribution
- Facilitation of joint planning
- Economic development and employment
Growth management is accomplished through
zoning, building codes, subdivision regulations, and environmental regulations.
Zoning regulations
divide a community into sections or zones that specify the use of property. A parcel could be zoned as:
Residential Commercial Agricultural Industrial Multi- Use
Zoning ordinances regulate such things as:
- Building height
- Shape and size of a building
- Set back regulations, or how far the building must be set back from the street and back of the property
- Side yard regulations, or how close one building can be to another side building
- Requirements for open undeveloped areas called buffers
There can be certain exceptions in the zoning ordinances that include:
Variances
Non-conforming uses
Conditional use
Rezoning
Variances
A variance is granted by local government to build or maintain a structure which falls outside of the zoning ordinance. A variance is granted when the property owner virtually cannot comply with the zoning, or would suffer severe hardship in attempting to comply with the existing zoning. In most circumstances only minor variations to the existing zoning ordinances are allowed.
Non-conforming
existing structure that now doesn’t meet zoning requirements
Buffer zones
are an area that provides a separation of two different zones.
Example: A section of land was set aside between an area that was zoned residential, and an area that was zoned commercial.
Protective zoning
protects the existing owner from other undesirable uses that are not compatible with the existing use.
Example: A small town used protective zoning to protect their historical district from any modern building being built in that area.
Directive zoning
directs the zoning so that the future zoning will be based on the highest and best use of the land.
Example: A major city had limited land and could not expand since it was bordered on three sides by water, and on the other side by an interstate freeway. It was important to them to make the best use of their existing land so they used directive zoning to accomplish this.
Aesthetic zoning
is zoning that requires conformity with a certain type of building or architectural style.
Example: Levenworth, a small town in Washington, requires that all of their buildings look like those found in Bavaria. They accomplished this through aesthetic zoning.
Incentive zoning
specifies that a certain portion of land be devoted to a specific purpose.
Example: A section of a major city had an area that has long time been referred to as “restaurant row”. They used incentive zoning so that a portion of each property in that area had to be devoted to serving food.
Bulk zoning
is designed to control overcrowding and density. Bulk zoning laws regulate building setback requirements, height limits, and ratio of parking.
Example: A building developer wanted to build a condominium complex. To be able to build this complex in a location where there was already high density, they were required to provide one parking space for every one bedroom unit, and two parking spaces for each two and three bedroom units due to bulk zoning.
Cumulative zoning
may allow for less restrictive zoning.
Example: Under cumulative zoning a house could be built in a commercial zone, but a factory could not be built in a residential zone.
Inclusionary zoning
also known as inclusionary housing, is a term which refers to ordinances that require a given share of new construction to be affordable by people with low to moderate incomes. Typically, an inclusionary policy will require new residential developments to include a percentage of affordable housing units as a condition of development approval.
Example: A developer wanted to build a housing development in Portland. The developer was required to build some small apartment units which were more affordable than the condominiums that were being built on most of the site.
Exclusionary zoning
may prohibit certain uses in an area.
Example: No apartment or condominiums in a suburban area.
Spot zoning** EXAM
occurs when a small area of land in an existing neighborhood is placed in a different zone from that of neighboring property. In some states, the courts have found spot zoning illegal on the ground that it is incompatible with the existing land use zoning plan or in an overall zoning master plan for the community.
Example: A park or school might be allowed in a strictly residential area if it serves a useful purpose to the neighborhood residents.
A zoning ordinance must have the following to be valid and enforceable in a court of law:
- They must serve to promote the public health, safety and welfare
- They must be exercised in a reasonable manner according to due process
- They cannot be retroactive
non-conforming use permit
is usually issued when a property was being used for a particular purpose prior to zoning or prior to a zoning change.
—allowed to remain under a GRANDFATHER CLAUSE in the zoning ordinance.
Usually a non-conforming use permit contains certain restrictions for the property owners such as:
- A time limit in which to conform to the new zoning (example would be 12 years from the time of the zoning)
- Prohibition of rebuilding if the property is destroyed
- Prohibition of enlarging the structure
- Prohibition of continuance of the permit if the building is abandoned
Variance
This is for new construction. A variance is a deviation from the zoning that is granted because strict enforcement would result in undue hardship on a property owner.
– An owner generally needs to prove that the zoning will prevent any reasonable use of the land, not just the most profitable use.
Special Use Permit
A special use permit allows a specific exception to the zoning regulations from a list of acceptable exceptions for a particular parcel of land.
The National Environmental Policy Act (NEPA)
requires federal agencies to integrate environmental values into their decision making processes by studying the environmental impacts of governmental proposed actions and reasonable alternatives to those actions.
–administered by the Environmental Protection Agency (EPA)
The Federal Water Pollution Control Act, also known as the Clean Water Act
sets standards for water quality and wastewater treatment processes. States are required to meet these standards.
CERCLA - The Comprehensive Environmental Response, Compensation and Liability Act
CERCLA, commonly known as the “SUPERFUND”, was enacted by Congress on December 11, 1980.
CERCLA
This law created a tax on the chemical and petroleum industries, and provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment.
CERCLA:
a) Established prohibitions and requirements concerning closed and abandoned hazardous waste sites;
b) Provided for liability of persons responsible for releases of hazardous waste at these sites; and
c) Established a trust fund to provide for cleanup when no responsible party could be identified
CERCLA authorizes two kinds of response actions:
a) Short-term removals, where actions may be taken to address releases or threatened releases requiring prompt response.
b) Long-term remedial response actions, which permanently and significantly reduce the dangers associated with releases or threats of releases of hazardous substances that are serious, but not immediately life threatening.
National Contingency Plan (NCP).
The NCP provided the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants.
Federal Coastal Zone Management Act (known as CZM, or CZMA)
assists coastal states in developing and implementing programs for managing their coastal lands.
Resource Conservation and Recovery Act (RCRA)
deals with hazardous waste management. Their goal is to protect human health, protect the environment from hazardous waste, the conservation of energy and natural resources and waste reduction. Some states have enacted legislation that regulates and protects the environment in their own state.
The purpose of building codes
is to protect the public from unsafe and substandard construction. The intention of the codes is to set standards for methods of constructions and materials used in construction
