2.1 Determine Applicable Codes, Regulations, and Permitting Requirements Flashcards
Two types of legal powers
Corporate and Police
Authority to collect revenues (from bonds, fees, taxes, and assessments) and to spend these monies to provide services and facilities (such as roads, water and sewage facilities, parks, etc.).
Corporate Power
Authority to regulate citizen behavior (including the use of private property) in order to promote the health, safety, and welfare of the public.
Police Power
Statement of development policies for a city or region and includes diagrams and text setting forth objectives, principles, standards, and plan proposals
Sets the general direction, and then over time, the City’s staff translates this direction into the zoning and building codes that govern our work as designers.
Comprehensive Plan
- Physical: It is a guide to the physical development of the community.
- Long Range: It covers time periods of 5 years or longer.
- Comprehensive: It covers the entire city or county geographically.
- Statement of Policy: It assesses and describes community desires relating to land use and how they are to be achieved.
Characteristics of a Comprehensive Plan
Examples of elements include:
- land use (general distribution, lotation and extent use of land)
- transportation (existing and proposed thoroughfares)
- community facilities (parks, open space)
- housing
- economic development
- critical and sesitive areas (conservation, use of natural resources)
- natural hazards (protection rom risks)
- agricultural land element
Elements of a Comprehensive Plan
regulatory tools that local governments use to guide development in a defined area; more detailed than comprehensive plans; sets goals, objectives, policies, and programs;
Can not be adopted or amended unless consistent with comprehensive plan;
must be in the form of a written text and map
Regional and Neighborhood Plans
Large in Scale and can include several cities and cross state lines
Regional Plan
Smaller in Scale and relate to a part of a city
Neighborhood Plans
Land use planning, zoning, subdivision, and building regulations are under which power?
Police Power
- Regulate the use of buildings, structures, and land between industry, business, residences, open space, agriculture, recreation, scenic beauty, use of natural resources and other purposes
- Regulate signs and billboards
- Regulate the following:
- location, height bulk, # of stories, and size of buildings and fences
- size and use of lots, yards, courts, and other open spaces
- percentage of a lot which may be occupied by a building or structure
- est. requirements for off-street parking and loading
- est. and maintain building setback lines
- create civic districts around civic centers, public parks, public buildings, or public grounds & est. regulations for those civic districts
Zoning Ordinance
Who develops and regulates subdivisions and common use developments?
Local governmental agencies
Limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements of the parcels being created
Subdivision Regulations
Standards dictated by ___ may include:
- Lot shape and minimum lot size
- Road rights-of-way dimensions, layout, and construction standards
- Types and widths of easements for utilities and access ways
- Construction standards for the provision of water, sewage, power, drainage systems and other common infrastructure
- Open space requirements such as dedication of land for parks
Subdivision Regulations
Same number of units for that amount of land clustered with smaller lots to provide more open space
Cluster zoning
Affirmative right to use another person’s land for specific purpose;
Automatically continue to apply to a parcel of land even if the property changes ownership;
May restrict use of land within the ____ by the property owner if such use interferes with the use of the ____ grantee
Enforcement: by the benefitting party
Easement
What are the two types of covenants?
Restrictive and Affirmative
Restriction on the right to use land that applies to the owner of the property
Restrictive Property
Property owner agrees to take certain actions that benefit other parties (usually on adjacent parcels)
Affirmative Covenant
In order for a covenant to continue in force if the land changes ownership, what legal requirements are needed to be met?
A. Must be in writing
B. Intent of the covenant to continue with the land must be part of the original agreement
C. Subsequent property owners must be given notice of the covenant at the time of purchase
Diagram used to show how your purchased property is divided within your county, city, or neighborhood. It serves as a guide to a tract of land that has been created by licensed surveyors.
Contains:
- lot line locations and dimensions
- lot numbers
- road and street rights of way
- street names
- utility and other easements
Assessors information; can use if you dont have a surveyor
Plat Map
Regulate the construction, erection, enlargement, alteration, repair, moving, improvement, removing, conversion, demo and occupancy of all buildings and structures.
Includes building, plumbing, mechanical, electrical
Modified by state legislatures and apply to all construction within that state. Local govs may further modify.
Firecodes are not included
Building Code
Additional rights which goes with or pertains to the land, but is not necessarily a part of it. Examples include a right of way or a building. Appurtenances go with the land when it is sold.
Appurtenance
Rental or owner-occupied housing that costs no more than 30 percent of a household’s total monthly income.
Affordable Housing
