Ch 19 Flashcards

(19 cards)

1
Q

Land Use Controls

A
  1. Controlled by public and private restrictions and public ownership of land
  2. Police power of the states is the inherent authority to create the regulations necessary to protect public health, safety, and welfare.
  3. States, in turn, allow local municipalities to make regulations that are consistent with the general laws
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2
Q

Comprehensive Plan aka Master plan

A
  1. Land use
  2. Housing needs
  3. Movement of people and goods
  4. Community facilities and utilities
  5. Energy conservation
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3
Q

Zoning regulation

A

Local laws ( zoning ordinances ) regulate how land is used for the protection of public health, safety, and welfare.

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4
Q

Zoning ordinances affect

A
  1. Permitted uses of each parcel of land
  2. Lot sizes
  3. Types of structures
  4. Building height
  5. Setbacks
  6. Style and appearance of structures
  7. Density
  8. Protection of natural resources
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5
Q

Zoning Classification

A
  1. Residential
  2. Commercial
  3. Agricultural
    Land may also be set aside for mixed use, such as planned unit development
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6
Q

Buffer zones

A

such as parks and playgrounds, may be included to separate residential areas from nonresidential areas

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7
Q

Bulk zoning

A

to control density and avoid overcrowding

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8
Q

Aesthetic zoning

A

to specify certain types of architecture

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9
Q

Incentive zoning

A

to ensure that certain types of use are incorporated into developments

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10
Q

14th amendment

A

prevents states from depriving “any person of life, liberty, or property, without due process of law”

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11
Q

Tests applied determining validity of zoning ordinances require that the following:

A
  1. Power be exercised in reasonable manner
  2. Provisions be clear and specific
  3. Ordinance be free from discrimination
  4. Ordinance promote public health, safety, and general welfare
  5. Ordinances apply to all property in a similar manner
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12
Q

5th Amendment

A

“nor shall private property be taken for public use, without just compensation.”

  1. Inverse condemnation
  2. Compensation may be negotiated
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13
Q

Zoning hearing boards

A

established to hear complaints about the effects zoning may have on specific parcels of property

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14
Q

Nonconforming use

A

generally applies to properties that conformed with the zoning before it was subsequently changed

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15
Q

Variance

A

a permanent exception to the zoning ordinance

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16
Q

Conditional-use permit

A

granted to a property owner to allow a special use of property that is defined as an allowable conditional use within that zone

17
Q

Building codes and Certificates of Occupancy

A
  1. Specify minimum construction standards
  2. Require building permits and periodic construction inspections
  3. Require the issuance of certificates of occupancy
18
Q

Private land-use controls

A

to control and maintain the desirable quality and character of a property or subdivision

19
Q

restrictive covenants

A

limitations to the use of property imposed by a past owner of the current owner and are binding on future grantees