CHAPTER 4 UNIT 8 REAL ESTATE

Commercial Zoning Regulates

-intensity of usage, by limiting the area of store or office per site area. Intensity regulation is further achieved by minimum parking requirements, setbacks, and building height restrictions

Planning Departments

Public land use management takes place within county and municipal

Commercial Zoning

regulates the location of office and retail land usage. Some _______________ allow combinations of office and retail uses on a single site. Sub-zones in this category may limit the type of retail or office activity permitted; for example, a department store versus a strip center

Agricultural Zoning

restricts land use to farming, ranching, and other agricultural enterprises

Residential Zoning

restricts land use to private, non-commercial dwellings. Sub-zones in this category further stipulate the types of residences allowed, whether single-family, multi-unit complexes, condominiums, publicly subsidized housing, or other form of housing

Public Zoning

restricts land use to public services and recreation. Parks, post offices, government buildings, schools, and libraries are examples of uses allowed in a public zone

Planned Unit Development

restricts use to development of whole tracts that are designed to use space efficiently and maximize open space. May be for residential, commercial, or industrial uses, or combinations thereof

Buffer Zone

separate residential areas from commercial and industrial zones

Federal Housing Authority Requirements (FHA)

sets standards similar to local ordinances to ensure an adequate level of construction quality, aesthetics, and infrastructure services

Public Entities That Have the Power of Eminent Domain Include

-all levels of government -public districts (schools, etc.) -public utilities -public service corporations (power companies, etc.) -public housing and redevelopment agencies other government agencies

The Planning Commission is Responsible For

-approving site plans and subdivision plans -approving building permits -ruling on zoning issues

Building Codes Typically Address

-architectural and engineering standards -construction materials standards -building support systems such as life safety, electrical, mechanical, and utility systems

Residential Zoning Regulates

-density, by limiting the number and size of --dwelling units and lots in an area -values and aesthetics, by limiting the type of residences allowed

Accommodating Demand Considers

-facilities requirements for local government -new construction requirements for streets, schools, and social services facilities such as libraries, civic centers, etc. -new construction required to provide power, water and sewer services

Industrial Zoning Regulates

-intensity of usage -type of industrial activity -environmental consequences

Subdivision Requirements Typically Regulate

-location, grading, alignment, surfacing, street width, highways -sewers and water mains -lot and block dimensions -building and setback lines -public use dedications -utility easements -ground percolation -environmental impact report -zoned density

Planning Department are Responsible For

-long-term implementation of the master plan -creating rules and restrictions that support plans and policies -enforcing and administering land use regulation on an everyday basis

A Growth Plan Considers

-nature, location and extent of permitted uses -availability of sanitation facilities -adequacy of drainage, waste collection, and potable water systems -adequacy of utilities companies -adequacy and patterns of thoroughfares -housing availability -conservation of natural resources -adequacy of recreational facilities -ability and willingness of the community to - absorb new taxes, bond issues, and assessments

Plan Development Consider

-population and demographic trends -economic trends -existing land use -existing support facilities -traffic patterns

Deed Restrictions Concern

-required minimum area of a residence setback -prohibition against construction of sheds or secondary buildings -prohibition against conducting certain commercial activities

Growth Patterns Considers

-residential density and commercial intensity -effects of industrial and commercial land uses on residential and public sectors, i.e., where to allow such uses -effect of new developments on traffic patterns and thoroughfares -effects on the environment and environmental quality (air, water, soil, noise, visual aspects) -effect on natural resources that support the community -code specifications for specific construction project

Zoning Ordinances Typically Address

-the nature of land use-- office, commercial, residential, etc. -size and configuration of a building site, including setbacks, sidewalk requirements, parking requirements, and access site development procedures -construction and design methods and materials, including height restrictions, building-to-site area ratios, and architectural styles -use of space within the building -signage

A community achieves its land usage goals through a three-phase process

1). development of a master plan for the jurisdiction 2). administration of the plan by a municipal, county, or regional planning commission 3). implementation of the plan through public control of zoning, building codes, permits, and other measures

Six Common Types of Zone Are

1). residential 2). commercial 3). industrial 4). agricultural 5). public 6). planned unit development (PUD)

Police Power

At the local level, county and city governments control land use through the authority known as

Certificate of Occupancy

Building inspectors inspect a new development or improvement for code compliance. If the work complies, the municipality or county issues a ________________, which officially clears the property for occupation and use

Planning Commission

In most jurisdictions, a ____________ or board comprised of officials appointed by the government's legislative entity handles the planning function

Extraterritorial Jurisdiction (ETJ)

In some states, subdivisions of land that are located within a certain distance of an incorporated city or town must be approved by the municipality. In counties that are densely populated, the county must approve subdivisions. This is called

Comprehensive Land Use Plans

Municipal, county, and regional authorities develop ____________ for a particular community with the input of property owners

Deed Condition

Restrictions that provide for a reversion of title if they are violated are called ____________. A ______________may restrict certain uses of a property, much like a deed restriction. If a condition is violated, ownership reverts to the grantor

Enabling Acts

The Constitution grants the states the legal authority to regulate, and the states delegate the authority to counties and municipalities through legislation called

Legal Nonconforming Use

Usually nonconforming uses result when a zoning change leaves existing properties in violation of the new ordinance. This type of nonconforming use is a

Zoning

The most common expressions of police power are county and municipal

Zoning Ordinance

The vehicle for zoning a city or county is the ____________, a regulation enacted by the local government

Doctrine of Laches

This doctrine states that if a property owner is lax in protecting his or her rights, the property owner may lose those rights

Resolution of Necessity

To acquire a property, the public entity must first adopt a formal resolution, often called a

Resource Recovery Act (1970), the Resource Conservation and Recovery Act (1976), the Comprehensive Environmental Response, Compensation and Liability Act (Superfund, CERCLA) (1980), the Superfund Amendment and Reauthorization Act (1986)

addressed disposal of solid and toxic wastes and measures for managing waste. In addition, the Superfund act provided money for hazardous waste disposal and the authority to charge cleanup costs to responsible parties

Formaldehyde

a chemical used in building materials and in other items such as fabrics and carpeting. As it ages, ___________ gives off a colorless, pungent gas. Its use in urea-_____________ foam insulation was banned 1982 (ban later reduced to a warning), but the material is still present in many structures

Carbon Monoxide

a colorless, odorless, poisonous gas that may result from faulty heating equipment. Home and commercial detection devices are available

Radon

a colorless, odorless, radioactive gas that occurs naturally in the soil throughout the United States. It enters buildings through foundation and floor cracks, wall seams, sump pits, and windows, among other ways

Mold

a fungus that grows in the presence of moisture and oxygen on virtually any kind of organic surface. It often destroys the material it grows on and emits toxic irritants into the air. Tightly sealed structures with inadequate ventilation are most susceptible

Lead

a heavy metal once widely used in paints and plumbing materials. It has been banned in paint since 1978 and in new plumbing since 1988. It continues to be a health threat, particularly to children, as it occurs in airborne paint particles, paint chips, and soil and groundwater polluted by various external sources of emission

Asbestos

a powdery mineral once commonly used as a fireproof insulating material around pipes, in floor tiles and linoleum, in siding and roofing, in wallboard, joint compound, and many other applications. When airborne, it is a health hazard. Its use today is highly restricted, and removal can be expensive and dangerous

Water Quality Improvement Act (1970), the Water Pollution Control Act amendment (1972), the Clean Water Act Amendment (1977)

addressed standards to control water pollution and industrial wastes from the standpoints of future prevention, as well as remediation of existing pollution

Zoning Variance

allows a use that differs from the applicable ordinance for a variety of justifiable reasons, including that: -compliance will cause unreasonable hardship the use will not change the essential character of the area -the use does not conflict with the general intent of the ordinance

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 _________. Therefore, they are negative easements

Clean Air Amendment (1970)

authorized the EPA to establish air quality standards for industrial land uses, as well as for automobile and airplane emissions

Special Exception 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

Lead-based paint ban (1978) and Residential Lead-based Paint Hazard Reduction Act (1992, 1996)

banned lead in the manufacture of paint and established disclosure requirements and guidelines for testing and remediation

Noise

created by airports, air, rail and highway traffic

Electromagnetic Fields

created by power lines

National Environmental Policy Act (1969)

created the Environmental Protection Agency (EPA) and the Council for Environmental Quality, giving them a mandate to establish environmental standards for land use planning. The act also required environmental impact surveys on large development projects

Building Codes

establish standards for virtually every aspect of a construction project, including offsite improvements such as streets, curbs, gutters, drainage systems, and onsite improvements such as the building itself

Concurrency

is a policy that requires the developer to make accommodations ______________ with the development of the project itself, not afterwards

Nonconforming Use

is one that clearly differs from current zoning

Illegal Nonconforming Use

is one that conflicts with ordinances that were in place before the use commenced

Earthquake and Flood Hazards

that affect hazard insurance, lending practices, and construction requirements for buildings in designated flood and earthquake zones. Some water authorities control building construction in flood zones to keep from impeding flow of flood water

Master Plan

therefore fuses state and regional land use laws with local land use objectives that correspond to the municipality's social and economic conditions. The completed plan becomes the overall guideline for creating and enforcing zones, building codes, and development requirements