Modern Real Estate Ch. 20 Land-Use Controls and Property Development

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Terms in this set (...)

The government's right to impose laws, statutes and ordinances, including zoning ordinances and building codes, to protect the public health, safety, and welfare
Police Power
States delegate to counties and local municipalities the authority to enact ordinances in keeping with general laws.
Enabling acts
Not a regulatory document, but a guide that tries to anticipate changing needs established by local government, municipalities, and counties
Comprehensive Plan (Master Plan)
How long is a comprehensive plan and what does it include
Long term - 20 years and it includes
1. a general plan that can be revised and updated more frequently
2. plans for specific areas
3. strategic plans
Systematic planning for orderly growth usually contains following elements:
1. Land Use: determining how much land may be proposed for residence, industry, business, agriculture, traffic and transit facilities, floodplains, and areas of special hazards.
2. Housing needs of present and future residents, including rehabilitation of declining neighborhoods, and new developments
3. Movement of people and goods, including highways and public transit, parking facilities, and pedestrian and bikeway systems
4. Community facilities and utilities such as schools, libraries, hospitals, recreational facilities, fire and police stations, water resources, sewerage, waste treatment and disposal, storm drainage, and flood management.
5. Energy conservation to reduce energy consumption and promote the use of renewable energy sources.
Comprehensive plan is drafted by and approved by
Drafted by the planning commission and approved by the city council
who implements the comprehensive plan and regulates and controls use of the land and structures within designated land use districts.
Zoning ordinances
Zoning affects such things as
permitted uses of each parcel of land
lot sizes
types of structures
building heights
Setbacks (minimum distance from property boundaries that structures may be built)
style and appearance of structures
density (ratio of land area to structure area)
protection of natural resources
Zoning classifications divided land into traditional 4 sections:
Residential, Agriculture, Industrial, Commercial
Residential land use areas further divided into sub-classes
1. single family
2. semi-detached structures not more than 4 dwelling units
3. low-rise apartments buildings without elevators
4. High-rise apartments buildings
A Planned Unit Development is:
a development where land is set aside for mixed for use purposes, residential, commercial, and public areas.
Buffer zones
a strip of land separating land dedicated to one use from land dedicated to another use.
Types of zoning for special land use objectives
1. bulk zoning
2. aesthetic zoning
3. incentive zoning
Bulk zoning
control density and avoid overcrowding by imposing restrictions such as setbacks, building heights, and percentage of open area or by restricting new construction projects
Aesthetic zoning
specify certain types of architecture for new buildings
Incentive Zoning
ensure that certain uses are incorporated into developments, such as requiring the street floor of an office building to house retail establishments
Constitutional Issues:
zoning ordinances must not violate the various provisions of the state's constitution.
Tests for determining validity of ordinances require that
1. Power be exercised in a reasonable manner
2. provisions be clear and specific
3. ordinances be nondiscriminatory
4. ordinances promote public health, safety, and general welfare
what is required before a building permit will be issued
Zoning permit
Non-conforming use
When a lot or improvement does not conform to the zoning use because it existed before the enactment or amendment of the zoning ordinance.
May be allowed to continue legally as long as it complies with the regulations governing non-conformitites in the local ordinance
Conditional Use Permit (special use permit)
-Allows a nonconforming but related land use:
usually granted to a property owner to allow a special use of property that is defined as an allowable conditional use within that zone, such as a house of worship or daycare center in a residential district.
Variance permit
Permits a prohibited land use to avoid undue hardship.
Provides relief if a zoning regulation deprives an owner of the reasonable use of the property.
To qualify for a variance
1. Owner must demonstrate unique circumstances that make variance necessary
2. Owner must prove that the regulation has caused harm or created a burden.
Both variance and conditional use permits are issued by
zoning boards only after public hearings
Building codes
specify construction standards that must be met when repairing or erecting buildings
Requirements of building codes
materials and standards of workmanship
sanitary equipment
electrical wiring
fire prevention
Building Permit
A property owner who wants to build a structure or alter or repair an existing building needs a building permit
Certificate of Occupancy
once work is completed and inspected and work is satisfied, the building official will issue this permit
Subdivision and land development ordinances as part of
comprehensive plan (master plan)
Sub-divider
a person who buys undeveloped acreage and divides it into smaller lots for sale to individual's or developers or the sub-divider's own use.
Developer
person who improves the land, constructs homes or other buildings on the lots, and sells them.
Sub-division Plan includes
sub-divider determines the size as well as the location of the individual lots.
Subdivisions are laid out by use of
lots and blocks
An area of land is designated as a
block
the area making up the block and divided into individual
Lots
With a surveyor, a sub-divider should provide for what kind of easements when developing the land
Utility easements as well as easements for water and sewer mains.
Impact fees
charges made in advance to cover anticipated expenses involving off-site capital improvements such as expanding water and sewer facilities, additional roads and school expansions
Plat map
detailed map showing geographic boundaries of individual lots.
when and who draws the plat map
from the land development and subdivision plans, the sub-divider draws the map
the plat map includes what detail on it
Lots, blocks, sections, streets, public easements, and monuments in the prospective subdivision
the plat map may also include
engineering data and restrictive covenants.
What will pinpoint the location of the subdivision plat map on the surface of the earth, which will become part of the description
Metes and bounds or government survey system description
Sub-division Density: density zoning
standards for certain subdivisions that restrict the average maximum number of houses per acre that may be built within a particular subdivision
Gross density
Average number of units in the development
Deed restrictions
limitations to the use of the property imposed by past owners or the current owner by inclusion in the deed to the property and are binding on future grantees.
Restrictive covenants:
covenants, conditions, and restrictions (CC&Rs) are private rules set up by the developer that establish standards for all the parcels in the subdivision or PUD
Deed Restrictions are not like what kind of restriction
Restrictive covenants
CC&Rs typically govern the
Type, height, and size of buildings as well as land use, architectural style, construction methods, setbacks, and square footage.
Who enforces CC&Rs
Homeowners Association (HOA) that is set up by the developer and turned over to the homeowners when a specified number of properties are sold
Private land use controls may be restrictive of owner's use than
local zoning ordinances: the more restrictive of the two takes precedent.
Interstate land Sales Full Disclosure Act (ILSA) is created by who and what does it prevent
Created by US Congress and prevents fraudulent marketing schemes that may arise when land is sold without being seen by the purchasers
Developers are required to provide each purchaser with a printed report before when
before the purchaser signs a purchase contract or lease
The specific information in the report about the property must contain:
1. type of title being transferred to the buyer
2. number of homes currently occupied on site
3. availability of recreation facilities
4. distance to nearby communities
5. Utility services and charges
6. Soil conditions and foundation or construction problems
The ILSA act provides for number of exemptions
1. doesn't apply to sub-divisions consisting of fewer than 25 lots or to those in which each lot is 20 acres or more.
2. Lots offered for sale solely to developers
3. Lots that buildings exist or where a seller is obligated to construct a building within two years