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