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Ch. 20 Land-Use Controls and Property Development
Terms in this set (32)
Used for national parks and forests, military bases, federal office buildings, schools, museums, state parks, government building, and municipal parks and buildings as well as streets, highways and bridges.
Government controls on property range from regulation of the use and disposal of hazardous materials to the design, construction and type of buildings that are permitted at the local level.
Police Power of Government
The source of the authority to create regulations needed to protect the public health, safety, and welfare.
State legislation that confers zoning and other powers on municipal governments.
Not a regulatory document, but a guide that tries to anticipate changing needs. usually long term, 20 years or longer, and often includes (a) a general plan tat can be revised updated more frequently, (b) plans for specific areas and (c) strategic plans.
Systematic Planning for orderly growth considers the following elements (5)
1. Land use - how much land for residence, industry, business, agricultural, traffic, utilities, community facilities...
2. Housing needs of present and anticipated residents, including rehabilitation of declining neighborhoods, as well as new residential developments
3. Movement of people and goods, including highways, 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 rescues, sewerage, waste treatment and disposal, storm drainage, and flood management
5. Energy conservation to reduce energy consumption and promote use of renewable energy sources.
Implement the comprehensive plan and regulate and control the use of land and structures within designated land-use districts in part by separating conflicting land uses.
What does Zoning Affect (8)
1. Permitted uses of each parcel of land
2. Lot sizes
3. Types of structures
4. Building heights
5. Setbacks (minimum distance from property butteries that structures may be built)
6. Style and appearance of structures
7. Density (ratio of land area to structure area
8. Protection of natural resources
Zoning Classifications (4)
Planned Unit Development (PUD)
Development where land is set aside for mixed-use purposes, such a residential, commercial, and public areas. Zoning regulations may be modified and tend to be heavily regulated by private restrictions
A strip of land separating land dedicated to one use from land dedicated to another use.
To control density and ovoid overcrowding by imposing restrictions such as setbacks, building heights, and percentage of open area or by restricting new construction projects
To specify certain types of architecture for new buildings
To ensure that certain uses are incorporated into developments, such as requiring the street floor of an office building to house retail establishments.
How is compliance with zoning monitored?
By requiring that a property owner obtain a permit before beginning any development. Permit will not be issued unless the proposed development conforms to the permitted zoning, among other requirements. Zoning permit usually required before a building permit will be issued.
Zoning Hearing Board
In communities to hear testimony about the effects a zoning ordinance may have on specific parcels of property.
What does a person do if they want to use their property in some way that differs from what the zoning would allow?
Request a conditional use permit or a variance.
(AKA a special-use permit)
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.
Will provide relief if a zoning regulation deprives an owner of the reasonable use of the property. To qualify for a variance, the owner must demonstrate the unique circumstances that make the variance necessary. Also. owner must prove that the regulation has caused harm or created a burden.
Set many requirements for thing such as materials and standards of workmanship, sanitary equipment, electrical wiring, and fire prevention.
Not all local, some are state wide.
Some have adopted the International Building Code
Required to build or repair an existing structure. Municipal officials are made aware of new construction or alterations and can verify compliance with building codes and zoning ordinances. An inspector will closely examine the plans and conduct periodic inspections of the work to ensure that the construction complies with relevant ordinances and codes
Certificate of Occupancy
Issued once the completed structure has been inspected and found satisfactory. Indicates that the property is suitable for habitation.
A tract of land divided by the owner, known as the subdivider, into blocks, building lots, and streets according to a recorded subdivision plat, which must comply with local ordinances and regulations.
A person who buys undeveloped acreage and divides it into smaller lots for sale to individuals or developers or for the subdivider's own use.
May also be the subdivider, improves the land, constructs homes or other buildings on the lots and sells them. More extensive than subdividing.
Charges made in advance to cover anticipated expenses involving off-side capital improvements such as expanding water and sewer facilities, additional roads, and school expansions.
A detailed map illustrating the geographical boundaries of individual lots. Shows the lots, blocks, sections, streets, public easements, and monuments in the prospective subdivision. Must be approved by municipal before it can be recorded.
Population density requirements for subdivisions and land developments. It may set the minimum lot area on which a subdivider can build a single-family hosing unit at 10,000 square feet (can build 4 houses per acre) for example.
Restrict the average maximum umber of houses per acre that may be built within a particular subdivision.
Limitations to the use of property imposed by a past owner or the current owner by inclusion in the deed to the property and are bidding on future grantees.
Restrictive Covenants or Covenants, Conditions, and Restrictions (CC&R's)
Private rules set up by the developer that establish standards for all the parcels within the defined subdivision or PUD. Typically govern the type, height, and size of building that individual owners can erect as well as land use, architectural style, construction methods, setbacks and square footage. Enforced by the HOA that is set up by the developer and turned over to the homeowners when a specified number of properties have been sold.
If a local zoning ordinance does not address the use of a shed on a residential lot, but the CC&Rs in a particular subdivision prohibits sheds what does the property owner follow?
The more restrictive of the 2 takes precedence; no shed.
Interstate Land Sales Full Disclosure Act (ILSA)
Created to prevent fraudulent marketing schemes that may arise when land is sold without being seen by the purchasers. Under ILSA, the property seller is required to file a statement record with the CFPB before offering unimproved lots in interstate commerce by telephone or through the mail.
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