Unit 20/Class 18 Flashcards

1
Q

Right of the state to protect the public

A

police powers

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2
Q

a space of land separating one land use from another

A

buffer zone

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3
Q

used as insulation

A

asbestos

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4
Q

may be found in older homes

A

lead paint

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5
Q

a radioactive gas

A

radon

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6
Q

an exception from zoning alws

A

variancce

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7
Q

space between a lot line and building line

A

setback

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8
Q

a permitted use of land that is not in compliance with a zoning ordinance

A

non-conforming

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9
Q

written permission to construct a building

A

building permit

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10
Q

a document that may contain private restrictions

A

deed

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11
Q

land use is controlled and regulated through…

A

public restrictions such as planning and zoning, building codes, and subdivision plans

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12
Q

private restrictions are imposed by a _______

A

deed

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13
Q

The police power of the state is its authority to create regulations to protect the public _______, _______ and _________

A

health, safety and welfare

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14
Q

Zoning ordinances cover what types of things

A
permitted uses
lot sizes
types of structures
building heights
setbacks
style and appearance 
density
protection of natural resources
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15
Q

What are buffer zones

A

separate residential from non-residential areas

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16
Q

______ zoning controls density

17
Q

Zoning is enforced through the use of _______

18
Q

A __________ is issued upon satisfactory completion of work for which a building permit was issued

A

certificate of completion

19
Q

Subdivider vs. developer

A

A subdivider buys undeveloped acreage and divides it into smaller lots for sale to individuals or developers. A developer improves land and constructs homes or other buildings that are then sold.

A developer improves land and constructs homes or other buildings that are then sold

20
Q

______ zoning or multiple-use zoning allows the development of planned unit developments

21
Q

What is a setback?

A

The space of land between a lot line and the building line of an improvement

22
Q

_______ zoning requires certain uses to be incorporated into a development, such as the street level portion of a building to house retain offices while the upper level can have residential units.

23
Q

Not to be confused with a buffer, a buffer zone is a space of land between two zoning districts. Give examples

A

parks
rivers
greenbelts
highways

24
Q

What is down zoning

A

occurs when a land use, such as residential, is rezoned for another use, such as a park or for conservation. Down zoning takes a property’s use from a higher use to a lower use.

25
non-conforming vs variance
non-conforming - your property was there before a zone change variance - usually given to remedy a setback violation, variances give a property owner relief from a zoning ordinance and allows the owner to use his land in a manner that would normally be prohibited by a zoning ordinance.
26
A plat is a map that shows the....
geographic boundaries of a lot
27
If you have a conflict in the zoning vs the deed, which one "wins?"
Whichever one is more restrictive.
28
CERCLA, the comprehensive environmental response and compensation and liability act, is administered by the EPA and does what?
Provides for cleanup of environmental problems through its superfund and identifies who is responsible for cleaning up environmental problems.
29
A landowner can be held liable for environmental problems and cleanup. Liability is broken up into three categories: 1. Strict Liability 2. Joint and Several Liability 3. Retroactive liability
1. Strict Liability - landowner liable to an injured party without excuse 2. Joint and Several Liability - in the case of multiple landowners, each owner is liable 3. Retroactive liability - includes the current landowner and all past owners
30
NOTE FOR FUTURE: One of the only ways a landowner can remove the potential liability for environmental issues is if they complete a Phase 1 environmental inspection when the property is purchased
31
The division of a tract of land into building lots is covered by what regulations
subdivision regulations
32
The use of a property that was lawful at the time of enactment but is now in violation of a zoning regulation is an example of...
nonconforming use
33
What are three types of LAND control
zoning urban planning restrictive covenants
34
The most likely reason for building homes that are a uniform distance back from the street would be....
local setback requirements
35
A deed restriction may not be used to...
limit ownership because of minority status
36
Sal, who recently purchased a new home, has been told that there are a number of limitations regarding the use of the proeprty. These limitations are commonly known as...
restrictive covenants
37
A grocery store, operating under a zoning grandfather clause in a residential district, burns to the ground. Can the owner rebuild the store?
no, grandfather rights do not allow reconstruction of a nonconforming use, without specific approval
38
Performance standards enacted through zoning ordinances regulate:
noise and air pollution
39
Performance standards --> noise and air pollution Building Codes --> Construction standards Side of a building --> zoning