Goals of land use control
Preservation of property values
Promotion of the highest and best use of property
Balance between individual property rights and the public good
Control of growth to remain within infrastructure capabilities
Incorporation of community consensus into regul
master plan
the overall guideline for creating and enforcing zones, building codes, and development requirements.
Planning Objectives:Amount of growth
sets specific guidelines on how much growth the jurisdiction will allow. Too much growth can overwhelm services and infrastructure.
Planning Objectives: Growth patterns
defines what type of growth will occur, and where.
Planning Objectives: Accommodating demand
make plans for accommodating expanding or contracting demand for services and infrastructure.
Development and Management
In response to land use objectives, community attitudes, and conclusions drawn from research, the planning personnel formulate their plan.
Planning departments
are responsible for long-term implementation of the master plan, creating rules that support policies and administering land use regulation on an everyday basis.
planning commission
is responsible for approving site/subdivision plans and building permits and ruling on zoning issues.
Public Land Use Control
At the state level, the legislature enacts laws that control and restrict land use. At the local level, county and city governments control land use through the authority known as police power - zoning.
Zoning
The constitution grants the states the legal authority to regulate, and the states delegate the authority to counties and municipalities through enabling acts.
Zoning ordinance
is enacted by the local government to specify land usage for every parcel within the jurisdiction. They implement the master plan by regulating density, land use intensity, aesthetics, and highest and best use.
Types of zones:
Residential zoning
regulates density and values and aesthetics. Some areas adopt buffer zones.
Types of zones: Commercial zoning
regulates the location of office and retail land usage - intensityof usage.
Types of zones: Industrial zoning
regulates intensity of usage, type of industrial activity and environmental consequences.
Types of zones: Agricultural zoning
restricts land use to farming, ranching, and other agricultural enterprises.
Types of zones: Public zoning
restricts land use to public services and recreation.
Types of zones: Planned unit development zoning
restricts use to development of whole tracts that are designed to use space efficiently and maximize open space.
nonconforming use
...
illegal nonconforming use
is one that conflicts with ordinances that were in place before the use commenced.
zoning variance
allows a use that differs from the applicable ordinance for a variety of justifiable
special exception grant
authorizes a use that is not consistent with the zoning ordinance in a literal sense, yet is clearly beneficial or essential to the public welfareand does not materially impair other uses in the zone.
Amendment
a property owner may petition the zoning board for an outright change in the zoning of a particular property. Often involves public hearings.
plat of subdivision
The developer submits
containing surveyed plat maps and comprehensive building specifications.
extraterritorial jurisdiction.
In counties that are densely populated, the county must approve subdivisions
Concurrency
requires the developer to make accommodations concurrently with the development of the project itself, not afterwards.
Building codes
allow the county to protect the public against the hazards of unregulated construction.
certificate of occupancy
issued, clearing the property for occupation and use.
Eminent domain
allows a government entity to purchase a fee, leasehold, or easement interest in privately owned real property for the public good and for public use, regardless of the owner's desire to sell.
deed restriction
places limits on the use of the property. A quitclaim deed can terminate a private deed restriction.
deed condition
may restrict certain uses of a property. If a condition is violated, ownership reverts to the grantor. These conditions create a defeasible fee estate.
injunction
prevents the owner from using a property in a way that is contrary to the recorded restrictions
private use restrictions
The declaration of a subdivision, planned unit development, condominium, and commercial or industrial park
Restrictive covenants
are promises by those who purchase property in the subdivision to limit the use of their property to comply with the requirements of the restrictive covenants - negative easements.
Restrictive covenants may be terminated if:
the specified time period of the covenant expires or the property owners vote to end the restrictions.
doctrine of laches
states that if a property owner is lax in protecting his or her rights, the property owner may lose those rights.
Environmental Controls
Air quality - significant threats:
Asbestos
Carbon monoxide
Formaldehyde
Lead
Mold
Radon
Soil and water quality - problems subject to controls:
Dioxins
Lead and mercury
MTBE, methyl tertiary butyl ether
PCB, polychlorinated biphenyl
Underground storage tanks (USTs)
Wetlands
Other ambient and natural conditions:
Electromagnetic fields (EMTs)
Noise
Earthquake and flood hazards
For their own protection, licensees should:
Be aware of potential hazards.
Disclose known material facts.
Distribute the HUD booklet.
Know where to seek professional help.
How does Planned Unit Development zoning differ from ordinary zoning?
It requires that multiple tracts of land be developed according to a single design for efficient use of space.
To obtain a change of the zoning for a particular property, for example, from residential to commercial, a property owner would ask the zoning board for a(n)
amendment.
The basic intent of zoning ordinances is to
specify usage for every parcel within the zoning authority's jurisdiction.
What guarantees the right of individual land ownership?
The United States Constitution
Which of the following situations is most likely to represent an illegal nonconforming use?
A homeowner in a residential zone converts her residence to offices.
Under the Superfund Act (CERCLA) and Superfund Amendment and Reauthorization Act of 1986, who can be held liable for environmental violations?
The current and previous owners of a property.
What is the effect of the Doctrine of Laches?
A property owner who is lax in protecting ownership rights may lose those rights.
Private land use control is primarily exerted by
the owner of the controlled property via deed restrictions.
Private land use control
Property owners in the private sector can regulate land use to some extent through deed restrictions and deed conditions. Restrictions expressed in a deed or lease for a residential, commercial, or industrial property places limits on the use of that prop
What is unregulated property use likely to jeopardize?
The value of properties within an area.
unregulated property use
Unregulated property use and development can jeopardize the value of real estate properties throughout an area.
In what year was the use of lead in paint banned?
1978
The Doctrine of Laches states that if property owners are
lax in protecting their property rights, the property owner may lose those rights.
Which of the following is NOT normally a basic land use consideration of master planners?
Building codes and code enforcement
The primary objectives of a master plan
are generally to control and accommodate social and economic growth, while preventing services and infrastructure from being overwhelmed.