Chapter 5 Terms and Rules

A new subdivision is built in a rural area, outside urban growth boundaries. It is set up so that houses are situated on small lots, with most of the subdivision's land taken up by green space that is held by all owners in common. This is an example of: A. condominiums B. rural cluster development C. spot zoning D. townhouses

B. Rural cluster development is a zoning practice that allows subdivisions in rural zoning districts to be made up of small lots and reserved green space, in order to conserve rural open space.

TRUE or false: a railroad company can acquire private land necessary for new railway line by eminent domain??

TRUE

Special assessments levied against a property for local improvements, such as streetlights and sidewalks, are computed on the basis of: A. the market value of the property B. the benefit the property receives from the improvements C. a recent appraisal of the property D. the square footage of the land

The benefit the property receives from the improvements B. As a rule, special assessments are allocated according to the benefits each property receives, instead of the market value of the property. Thus a special assessment is not an ad valorem tax. Sometimes the allocation is based on the front footage of the lot, if the assessment is levied to pay for storm drains, curbs, and gutters.

Urea Formaldehyde

found in new pressed wood building materials

Difference between building codes and zoning regulations

-building codes protect public from unsafe/unworkman-like condition -zoning regulations regulate the use of properties BOTH are enforced at the city/county level

Zoning ordinances (what do they do/what are they?)

-divide community into zones w/ specific types of uses (agricultural/residential/commercial/industrial etc.) -neighboring zones within compatible uses may be separated by undeveloped areas called buffers zoning ordinances regulate height, size, shape of buildings and use. -goal is to limit uncontrolled growth.

Limitations on police power (must meet the following constitutional limitations)

-public health, safety welfare -must not be discriminating -must not reduce property's value -protect from harm

In order to do a subdivision//

-someone must notify county officials by submitting plat map showing boundaries of proposed lots and providing information -plat map must include legal description

Taxation (3 Types of taxation that affect real property)

1. General real estate taxes 2. Special Assessments 3. Real estate excise Tax

Exceptions & Amendments to zoning ordinances

1. nonconforming uses 2. variances 3. conditional uses 4. rezones

Sonya buys a pacel of land and pays taxes on it for 5 years. After she builds a home on it, she will pay what kind of taxes?

Ad valorem taxes. These are general real estate taxes REMEMBER she paid ad valorem taxes on the land before she build the house as well.

Which of the following best describes the difference between building codes and zoning regulations? A. Building codes control the use of real property; zoning regulations affect improvements on the property B. Building codes affect improvements on the property; zoning regulations control the use of real property C. Building codes are enforced by municipalities; zoning regulations are enforced by the state D. Building codes are enforced by the state; zoning regulations are enforced by municipalities

B. Building codes protect the public from unsafe or unworkmanlike conditions, through the building permit system. Zoning regulations, by contrast, regulate the use of properties, dividing communities into zones for specific types of uses. Both are enforced at the city or county level.

An involuntary alienation of property occurs when: A. a quitclaim deed is signed B. property is taken by eminent domain C. property is received through an inheritance D. property is received through a gift

B. Eminent domain occurs when a governmental entity takes private property for a public use.

What is a federal law concerning liability for environmental clean up

CERCLA Comprehensive environmental response compensation and liability act

Asbestos

Carcinogenic (potential to cause cancer) material that was used for years in insulation and roofing

Condemnation

act that government commits when taking private land for public use -must have just/right compensation (which is defined by the market value )

Illegal drug manufacturing (meth)

can leave behind dangerous toxic residues

Real Estate Excise Tax

tax levied on each sale of real property

Zoning ordinances typically control???......

the height and placement of buildings as well as type of placement

A property owner is generally required to show undue hardship in order to obtain a _________?

variance

Which of the following actions by a developer would require a zoning variance or a rezone, because it would result in a more intensive use of the land? A. Deed restriction prohibiting further subdivision of individual lots B. Deed restriction prohibiting painting houses non-earth-tone colors C. Fewer outbuildings placed on each lot than allowed by law D. Increase in number of lots per acre

D. An increased number of lots per acre would be a more intensive use. If the new number exceeds the maximum number of lots per acre allowed under zoning laws, it would require either a variance or a rezone.

Eminent Domain vs. Police Power

Eminent domain is the government's right to take private property for a public purpose through the process of condemnation Police power is the government's right to regulate private property for the public good

General real estate taxes are... ((latin phrase)

ad valorem taxes

Exemptions (exemption from paying taxes)

all real property is taxed unless it is exempt (churches/cemeteries/non profit hospitals are exempt from taxes)

Appraisal for tax purposes is called_________?

assessment -assessment happens at 100% market value

Police Power of the government include...

building codes and zoning regulations

Geological Hazards

buyers should exercise caution when considering property in flood plains

Mold

can cause respiratory problems (requires careful inspection)

Radon

cancer casing gas-can enter house through foundation cracks/floor drains

Historical Landmarks

codes may prohibit demolishing / modifying without permit.

Planning Agency (planning commission) is responsible for.....

designing and adopting a comprehensive long term plan for all the development within the city/county

Enforcing building codes...

done by building permit system (before doing anything, the builder must submit plans and obtain permit)

Rezone ( as an exception to zoning ordinances ) ((also called zoning amendment)0

-property owner who believes that his property has been zoned improperly

Assessment appeals

-property owners who disagree with an assessment may appeal to county. (you can argue that comparable properties in same neighborhood are being assessed for less)

Setback and Side-yard requirements

-provisions in zoning ordinance and CCR's (requirements) that do not allow structure to be built within a certain distance of property line.

Variance (as an exception to zoning ordinances) {(what is it) when is it granted) (when is it not allowed?))}

-authorization to build/maintain structure that is prohibited by zoning ordinance. ((or)) -permissions from a zoning authority to use property or build structure in a way that violated strict terms of zoning laws. -granted only if owner faces severe practical difficulties/hardship because of zoning laws ((not because owner is prevented from propertys most profitable use) -variance that reduces the value of surrounding propertys would not be allowed.

Police Power

-constitutional basis for land use laws -police power is the state governments power to adopt and enforce laws/regulations NECESSARY to protect public health, safety and general welfare. -state delegates it's police power to local government bodies like cities and counties (zoning ordinances, building codes, subdivision regulations are all examples of police power)

conditional use (as an exception to zoning ordinances)

-on a condition (to be used to hospital/school etc. to operate where it would normally be prohibited.

Which of the following is true about a building designated as a historical landmark? A. All lead paint must be removed immediately B. It may not be willfully destroyed without a permit C. It may only be sold to family members D. It must comply with all local ordinances

B. Historical preservation ordinances may protect existing buildings of historical value, and prohibit their destruction or modification without approval from an appropriate local authority.

While being shown a property in the Oak Leaf subdivision, the buyers asked the agent if there was the possibility of commercial development nearby. The agent pointed out that the adjacent property was zoned for residential uses only. The buyers should verify the agent's statement by: A. asking a neighbor B. asking the agent's supervisor C. checking the master plan D. checking the plat map

C. A master plan or general plan describes a zoning authority's long-term plan for managing growth in an area. It would shed light on whether there were plans to change zoning laws in the future in a particular area.

Some investors have requested permission to build a factory in Littletown. When deciding where the factory may be built, Littletown's zoning board will most likely consider: A. how many employees the factory will need B. how far employees will have to drive C. impact of the factory's air, noise, and water pollution D. the amount of taxes the factory will generate

C. Of the choices given, a zoning board is most likely to consider the factory's impact on nearby neighborhoods with regard to air, noise, and water pollution.

When a developer wants to subdivide a parcel and market it to potential buyers, he must register it with ______________?? which is administered by ______________?

ISLA which is administered by HUD (housing and urban development)

ISLA (what does it stand for/what does it do)

Interstate land full disclosure act -federal government regulated state of subdivisions -enforcement of this has passed from the Department of Housing

Jean has operated a store on a busy corner in a suburban area. The city decides to rezone the area from commercial to residential use. Which of the following is true?

Jean now has a non conforming use. Certain established uses that were lawful before a rezone may be permitted to operate. These uses such a Jean's store are known as nonconforming uses.

The entity that determines number of people who may live in a rental unit is the "_______"

Local Health Department and Zoning Authority

An increasingly common land use pattern allows for subdivision with smaller lot sizes and little to no set back requirements. These are know as:

PLANNED UNIT DEVELOPMENTS A planned unit development is a subdivision where lot sizes are smaller and dwellings are grouped together, compensated for with significant amounts of space owned in common.

TRUE or false : certain established uses that were lawful before a rezone, may be permitted to operate. Which this is also known as a nonconforming use.

TRUE.

The long term plan for all the development with the city county is called...

The Master Plan or General Plan -all future development and zoning laws must conform to the master plan

TRUE or false: A nonconforming use which predates (was used before) a zoning change is generally permitted ??

True

A local ordinance states that no sign can extend more than two feet above the roofline. The Morgan's want to put a sign on their roof, but the sign is feet high. To install their sign legally, the Morgan's must apply for a: ____________?

VARIANCE. A variance will enable to Morgan's to make a minor deviation from zoning requirements. It will be allowed only if the Morgan's face due hardship because of the zoning law, and if the variance will not change the neighborhoods existing character.

An apartment building is right where a city park is going to be built. The city condemns it. Can the city terminate the leases of the building tenants?

Yes- Under the Uniform Relocation Act- only if the city provides notice (90 days minimum) provides relocation assistance and compensation for moving expenses. The tenant do NOT OWN the property- so they do not get compensation for that.

A planned unit development is:

a subdivision where lot sizes are smaller and dwellings are grouped closer together (compensated for with significant amounts of open space)

The police power is the governments power to:

enact laws for the protection of the public health, safety, morals, and general welfare

Environmental Issues are addressed by...

federal and state laws -agents should be aware of these hazards and contact an expert if anything is suspected.

Police Power

governments right to regulate private property for public good (through zoning ordinances/building codes/subdivision regulations)

Downzoning

if an area is rezoned for a more restrictive use

Eminent domain differs from police power in that" _________?

in eminent domain: the government is required to compensate the property owner in police power you do not need just compensation

When property is taken by eminent domain, it is also...... ???

involuntary alienation

Subdivision (literrrallyyy is)

literally is subdiving a parcel of land into 2 or more parcels

The entity that determines the number of people who may live in a rental unit is that:

local health department and ZONING authority

PCBs

poly chlorinated biphenyls -cancer causing chemicals that may leak from electrical equipment

Nonconforming use (as an exception to zoning ordinances)

property use that does not meet current zoning requirements BUT is allowed because it's been used that way before zoning ordinance 1) owners may not enlarge the use 2) may not rebuild if destroyed 3) resume it if use is abandoned

Building Codes (what do they do/what are they for?)

protect the public from unsafe/unworkable construction -divided into codes (fire/electrical/plumbing) -enforced by cities/counties (not by the state)

General real estate taxees

real property is taxed ad valorem ad valorem = according to value general real estate taxes are levied to support services

Eminent domain is the power of government to

take private property for public use act of taking it is called condemnation

Special Assessments are>>>>>

tax levied against properties that have benefited from a public improvement -only benefited properties are taxed -usually it is a "one time only" tax

Conflicting Restrictions (when building codes and private restrictions conflict) the rule is that...

the more restrictive laws controls (ex-a private retriction is more restrictive than corresponding zone laws)

Rural Cluster development

type of zoning that allows rural subdivisions with small lots and open green space in order to conserve rural open space

Water contamination (where can they be found)

wells (properties that rely on wells for drinking water should be heavily tested)