Chapter 18: Land-Use Controls

Question 1

What are the Police Powers that regulate privately owned real estate?

Answer 1

1. City Planning
2. Zoning
3. Subdivision regulations
4. Codes that regulate building construction safety, and public health
5. Environmental protection legislation

Question 2

What is city planning?

Answer 2

1. Provides a master plan (shows 20 yrs. for a zone).
2. Scheduling public works programs
3. Controlling subdivision developments
4. Prepare, modify, & administer zoning ordinances & regulations.
5. Normally a planning commission will do this

Question 3

What are zoning ordinances?

Answer 3

Laws of “local government authorities” such as cities and counties that regulate and control the use of land and structures within designated district or zones

Question 4

What does zoning regulate and affect?

Answer 4

1. Use of land
2. Lot size
3. Types of structures permitted
4. Building height
5. Setback
6. Density (Ratio of land area/population or structure area/population)

Question 5

What is a setback?

Answer 5

The minimum distance away from streets or sidewalks that structures may be built

Question 6

How do states confer Zoning powers to municipal governements?

Answer 6

Enabling acts

Question 7

What are buffer zones?

Answer 7

Landscaped parks or playgrounds to separate and screen residential areas from nonresidential areas.

Question 8

What are some special types of zoning?

Answer 8

1. Bulk Zoning:
   control density & avoid overcrowding through restrictions on setbacks, building heights, and % of open areas
2. Aesthetic or Historical Zoning:
   Requires new buildings to conform to specific types of architecture
3. Incentive Zoning:
   allows a developer to build a larger, higher-density project than would be permitted under existing zoning. In exchange, the developer provides something that is in the community’s interest that would not otherwise be required (e.g., open space, plazas, arcades, etc.)

Requires that street floors of buildings be used for retail establishments

4. Directive Zoning:
   Using zoning as a planning control to encourage use of land for its highest and best use
5. Down Zoning:
   Changing zoning from more active to least active classification.

MORE ACTIVE LEAST ACTIVE
Commercial — Residential — Agricultural

Question 9

What is nonconforming use?

Answer 9

A building is built before its zoning changed so it is not in violation

Question 10

If a master plan or new zoning is enacted that inconveniences an owner resulting in them wanting to change the “use of the property”, they would appeal for what type of permit?

Answer 10

A variance or conditional use permit

Question 11

What is a conditional use permit?

Answer 11

Is granted to owner to allow a special use of the property that is in the public’s best interest

Question 12

What is a variance permit?

Answer 12

is granted to an owner who suffered hardship as a result of an ordinance

Question 13

How do property owners go about changing their zoning classification for a parcel of real estate?

Answer 13

Obtain an “amendment”

Question 14

What is spot zoning?

Answer 14

The granting to a particular parcel of land a classification concerning its use that differs from the classification of other land in the immediate area.

the process of singling out a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of such property and to the detriment of other owners.

Question 15

What do subregulations regulate?

Answer 15

1. widths of streets, location, grading, alignment, surfacing, and other rights of way
2. Installation of sewer and water mains
3. Minimum dimensions of lots and lengths of blocks
4. Building and setback lines
5. Areas to be reserved or dedicated for public use (parks or schools)
6. Easements for public use

Question 16

What are building codes?

Answer 16

When cities and towns enact ordinances to specify construction standards that must be met when repairing or erecting buildings

• Set requirements for:
  1. Type of material
  2. Sanitary equipment
  3. Electrical wiring
  4. Fire prevention standards

Question 17

Before someone can build or repair an existing structure within the corporate limits of the the municipality, they must obtain what?

Answer 17

A building permit?

Question 18

What is a municipality?

Answer 18

a city or town that has corporate status and local government

Question 19

What a construction or repair on has been completed on a building, what must be obtained by the city inspector?

Answer 19

Certificate of Occupancy

Question 20

What is a deed restriction or deed covenant?

Answer 20

It places conditions on the deed to a property setting out certain limits or acceptable uses.

The conditions, also known as covenants, “run with the land” and as a result bind current and future homeowners.

Question 21

When a deed restriction and ordinance are in opposition, which one is enforced?

Answer 21

The one that is more restrictive

Question 22

What is CERCLA (Comprehensive Environmental Response, Compensation and Liability Act?

Answer 22

the owner or operator of a contaminated property (contains hazardous material) could be held responsible for the property’s cleanup, based solely on their current ownership of the property

1. Land owner is responsible no matter what
2. Landowner may seek reimbursement through
   “Superfund”
3. EPA manages CERCLA
4. EPA will search for potentially responsible parties (PRP) due to the use of the Superfund
5. If PRP refuses, they will hire someone then bill the PRPs
6. If PRPs refuse to pay, they may seek damages up to 3x the original cost
7. Liability under the superfund is strict, joint, several and retroactive
8. In 1986 it also included lenders as owners through foreclosures

Question 23

What is the Innocent Landowner Immunity amendment?

Answer 23

An owner would be innocent of CERCLA enforcement if:

1. Pollution was caused by a 3rd party
2. Property was acquired after the fact
3. Owner had no actual or constructive knowledge
4. The owner made an environment site assessment
5. Reasonable precautions were taken in exercising ownership

Question 24

What are a list of hazardous substances for real estate?

Answer 24

1. Asbestos: 4 insulation (Fix by encapsulating or sealing)
2. Lead based paint: 78% of homes built prior to 1978 =
   - It must be disclosed
   - No federal law mandates that home test for it
   - Lead based paint disclosure must be attached to all contracts and leases for homes built prior to 1978
   - buyer/tenant must be given a lead hazard pamphlet
   - Purchaser must be given 10 days to conduct risk assessment or inspections for lead based paint hazards
3. Urea-Formaldehyde (UFFI): Pumped into walls during the 1970s. What China did.
4. Electromagnetic Fields (EMFs)
5. Exterior Insulation and Finishing Systems (EIFS):
   gives the “stucco look” to exterior walls. It traps moisture in the walls
6. Groundwater contamination:

Question 25

What is the interstate Land Sales Full Disclosure Act?

Answer 25

1. Regulates the interstate sale of unimproved lots 2. It is administered by HUD 3. Designed to prevent fraudulent marketing when land is sold across state lines to persons who have not seen the lots

Question 26

Developers are required to provide each purchaser or lessee with a printed report before a contract is signed. What 6 things must the report include?

Answer 26

1. The type of title being transferred 2. # of homes currently occupied 3. Availability of recreational facilities 4. Distance to nearby communities 5. Availability of utilities and charges 6. Soil condition Subdivisions of less than 25 lots and subdivisions where the lots are five acres or more are exempt