45 terms

Unit 2-B: Land Use Controls and Regulations

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Terms in this set (...)

Real Estate Taxes
THIS takes priority over other liens
Ad Valorem
Latin for "according to the value". Based solely on property being taxed
Assessment
Appraisal of value for tax purposes by an assessor or appraiser representing the city area in which property is located.
Assessed Value
Based heavily on the sale prices of equivalent properties
Special Assessment
If an area benefits from a public improvement (park/ paved street), the government can have only those benefiting each pay their share of the cost through IT
Equalization Factor
Corrects general inequalities in statewide tax assessment, some states employ THIS which sometimes raises or lowers assessments in particular county to create consistency
Eminent Domain
Government right in land to acquire private property for public use while providing just compensation for property owner under the power or right of THIS
Eminent Domain
Done as long as the land development in question is considered for the public good which is defined broadly to mean everything from construction of public facilities to destroying property no longer suitable for use.
Eminent Domain
THIS power is given to housing authority, utility co. or railroad for projects that provide for the public.
Condemnation
Process of taking the property under the right of eminent domain.
Escheat
Transfer of real estate ownership when the owner dies intestate leaving no heirs and no will directs future use when property is abandoned.
Escheat
IT attempts to avoid property from becoming deserted and ownerless
Police Power
Authority of the state to establish laws aimed at
1. Promoting general welfare,
2. Protecting public health and safety
3. Preserving social order limits the rights of individual real estate ownership
Police Power
Examples:
1. Zoning
2. Building codes
3. Environmental protection
Enabling Acts
Police power of the state can be distributed to cities, towns and counties through THIS set of laws
Zoning Laws
Means to regulate and control the use of land at local level (Ex: residential or commercial districts). No national or state restrictions for THIS.
Zoning Laws
Usually pertain to height, bulk and use of buildings and are enforced by issuing permits which is required before obtaining a building permit
Zoning Laws
Three specialized types of THESE are implemented in some cities or towns are
1. Bulk Zoning (manages population density)
2. Aesthetic Zoning (preserves historic districts)
3. Incentive Zoning (guarantees certain building aspects)
Nonconforming Use
Building or an improvement is deemed THIS when it does not follow current zoning laws in an area because it existed prior to a zoning ordinance and allowed to continue despite not conforming
Variance
Allows one to deviate from zoning requirement due to some adversity or suffering brought about under the current use
Conditional-use permits
Allows for a use that does not conform with existing zoning but is necessary for the common good
Downzoning
Commercial or residential land rezoned for conservation purposes or changed from dense to less-dense usage
Other types of zoning
1. Buffer zones
2. Spot zoning
3. Planned Unit Development
Buffer zone
Land area that separates one land use from another
Spot zoning
Reclassification of one parcel of land for use that does not conform to zoning of the rest of the area
Planned Unit Development PUD
Deliberate mix of diverse land uses such as housing, commercial and recreation in 1 comprehensive plan
City Plan Specifications/City Master Plan
Establishes growth objectives for community's future
5 Essential Aspects of City's Master Plan
1. Housing needs (for current & future residents)
2. Land use (decide amount used for commercial, residential, industrial or special use)
3. Community facilities (police station & libraries)
4. Movement of people & commodities on interstates and waterways
5. Energy saving thru endorsing safe energy supplies
Subdivision
Created by developer with planned streets and minimum lot sizes that meet zoning laws
Curvilinear
Curved streets with cul-de-sacs add privacy and safety
Subdivision regulations
Usually placed on a new development (density zoning)
Density zoning
Only permits a certain number of houses per acre
Building codes
Ordinances that specify standards for construction, maintenance and demolition of structures.
Building codes
Identifies requirements for electrical wiring, sanitary equipment and fire prevention codes.
Building codes
Issuing building permits verifies compliance with THIS and zoning ordinances enforce THIS
Certificate of Occupancy
Building inspector issues THIS when completed work has been inspected and found satisfactory.
Building permit
Issuing THIS does not take precedence over deed restriction violations.
Environmental Impact Study (EIS) ... Environmental Impact Report
Before any commercial or residential development can be done in undeveloped land area THIS is required and it will produce THIS.
Environmental Impact Study (EIS)
Purpose of THIS is to determine the impact of the development on area's environment and resources
Floodplain
Land located near running bodies of water subject to flooding
Wetlands
Areas of land where groundwater is close to or at surface of the ground for a period of time annually that may produce swamps or marshes.
Wetlands
Areas prone to flooding & protected by federal, state & local controls, such as conservation zoning
Coastal or Shoreline regulations
Zoning laws that reflect environmental, health & safety concerns.
Coastal or Shoreline regulations
Zoning rules that restrict
1. Lands within a given distance of water
2. Land uses
3. Tree cutting rules
4. Structure setback requirements
5. Filling and grading controls
6. Dredging regulations
7. Minimum water & waste disposal standards
8. Min. lots sizes and widths
9. Subdivision regulations
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