Ch 19 Flashcards
(19 cards)
Land Use Controls
- Controlled by public and private restrictions and public ownership of land
- Police power of the states is the inherent authority to create the regulations necessary to protect public health, safety, and welfare.
- States, in turn, allow local municipalities to make regulations that are consistent with the general laws
Comprehensive Plan aka Master plan
- Land use
- Housing needs
- Movement of people and goods
- Community facilities and utilities
- Energy conservation
Zoning regulation
Local laws ( zoning ordinances ) regulate how land is used for the protection of public health, safety, and welfare.
Zoning ordinances affect
- Permitted uses of each parcel of land
- Lot sizes
- Types of structures
- Building height
- Setbacks
- Style and appearance of structures
- Density
- Protection of natural resources
Zoning Classification
- Residential
- Commercial
- Agricultural
Land may also be set aside for mixed use, such as planned unit development
Buffer zones
such as parks and playgrounds, may be included to separate residential areas from nonresidential areas
Bulk zoning
to control density and avoid overcrowding
Aesthetic zoning
to specify certain types of architecture
Incentive zoning
to ensure that certain types of use are incorporated into developments
14th amendment
prevents states from depriving “any person of life, liberty, or property, without due process of law”
Tests applied determining validity of zoning ordinances require that the following:
- Power be exercised in reasonable manner
- Provisions be clear and specific
- Ordinance be free from discrimination
- Ordinance promote public health, safety, and general welfare
- Ordinances apply to all property in a similar manner
5th Amendment
“nor shall private property be taken for public use, without just compensation.”
- Inverse condemnation
- Compensation may be negotiated
Zoning hearing boards
established to hear complaints about the effects zoning may have on specific parcels of property
Nonconforming use
generally applies to properties that conformed with the zoning before it was subsequently changed
Variance
a permanent exception to the zoning ordinance
Conditional-use permit
granted to a property owner to allow a special use of property that is defined as an allowable conditional use within that zone
Building codes and Certificates of Occupancy
- Specify minimum construction standards
- Require building permits and periodic construction inspections
- Require the issuance of certificates of occupancy
Private land-use controls
to control and maintain the desirable quality and character of a property or subdivision
restrictive covenants
limitations to the use of property imposed by a past owner of the current owner and are binding on future grantees