Government land use controls
Planning
Zoning
Buildng codes
Public health ordinances
Environmental protection laws
Land-use planning
An organized effort to provide for the orderly growth and development of a community
Master plan
Serves as a blueprint for future development
Land-use districts
zoning regulations operate within these. Classifications generally include, residential, commercial, industrial, multi family, and recreational.
Mixed use zoning
Allows for a complementary combination of zoning classification such as residential, commercial, entertainment, retail and office
Historic districts
Set aside for the preservation of historic sites
Buffer zones
Separates incompatible zones
Zoning
Regulates how each parcel of land may be used in a master plan, regulates the density, the height and bulk of the buildings, and in some cases architectural styles and other aesthetic considerations. When zoning conflicts with deed restrictions whichever
Down-zoning
Rezoning a parcel to a lower density or less profitable use
Spot zoning
Permits a small area to have a use that is inconsistent with the surrounding areas, such as allowing a small convenience store to operate in a residential area
Aesthetic Zoning
Zoning that specifies that architectural styles must be compatible
Bulk zoning
Designed to limit population growth and density in certain areas
Setbacks
Required distance a building must be placed from front, side and rear lot lines
Directive zoning
Zoning designed to encourage the highest and best use of the land
Incentive zoning
An award based zoning system that encourages developers to meet certain physical, social, or cultural benefits.
Exclusionary zoning
Zoning laws which require such large lots and houses that are low income families are effectively barred
Non-conforming use
If a business was running before a new zoning law identified the parcel of land it occupies as residential or other, the business may remain as long as it stays in business. However if the building Burns down zoning would require that any new building to
Procedure to change a zoning
Starts with filing a rezoning petition... Then a public hearing. Then a passage of a new local ordinance to rezone the property.
Variance
Wants to be allowed to use the property for some purpose that does not comply with its current use designation .... Wants an exception . The petitioner must also prove that the situation is unique and that the granting of the variance would not adversely
Building codes
Regulations that set the standards for construction materials, methods, and safety procedures.
Building permit
Issued by the building inspector that shows all building codes and zoning ordinances have been met
Certificate of occupancy
Issued by the building inspector once the project is completed in the final inspection has been made
Abatement
When the building inspector finds that construction is not in compliance with the code, the job can be shut down by a court order
Subdivision
Parcel of land divided into a number of smaller lots, generally for the purpose of building new buildings.
Interstate land sales full disclosure act
(Ilsdfa)
Intended to protect consumers in the purchase or lease of lots in the subdivision using any means of interstate commerce. The law applies to subdivisions of unimproved lots and condominiums offered for sale through interstate commerce. Law requires that f
Ad valorem taxes
Based on the value of the properties. Provides local governments with their primary source of income for funding schools, hospitals, fire and police protection and road maintenance
Ad valorem tax process
Budget
Appropriation
Levy
Assessment
Appeal
Equalization
Tax rate
Budget
The taxing authority must prepare an annual budget, estimating needed income for expenses made in the coming fiscal year
Appropriation
After the budget has been approved the legislative body formalizes how the money is to be acquired and how it is to be spent
Levy
Determines how the taxes will be imposed on individuals are on property. The amount not covered by sales tax, business licenses, revenue-sharing, or local income taxes, must be paid by property taxes
Assessment
The tax assessor using a standard appraisal methods, determines the market value of each parcel of property. And assessment rate is then applied to the market value (GA 40%)
Appeal
If the property owner feels that an assessment is unfair, there is a review board or board of arbitration to which an appeal can be made.
Equalization
To assure fair treatment for taxpayers from all local jurisdictions, the state board of equalization establishes equalization factors
Tax rate
The taxing authority divides the total amount of budget money needed, minus other sources of revenue revenue, by the total of assessed
Assessment roll
The assessors records showing the total assessed value of all the properties in the jurisdiction
Tax abatement
A temporary suspension of property tax used to encourage economic development. This may also be used as an incentive to assist builders or developers with redevelopment or new construction projects
Homestead exemption
Offered on a principal residence to encourage homeownership. This allows a qualified taxpayer to reduce the tax by deducting a certain prescribed amount from the assessed value of the property before calculating the tax
Tax collection
Unpaid taxes become a lien against the property, with the priority over all other liens, and could be collected by selling the property at a tax sale
Right of redemption
A delinquent taxpayer has the right to redeem the property if all the back taxes and charges are paid within a specified period after the tax sale
Special assessment
Local improvements such as installation of streetlights, sidewalks, sewers, that will only benefit the neighborhood the improvements service. The costs are allocated to each property in the district, either out of front foot basis or estimated benefit bas
Capital gain
The profit an investor makes when selling an asset for more than was invested
Adjusted sales price
The price received for the property, minus allowable costs of sale
Federal estate tax
Imposed by the federal government on a deceased persons property. The tax is assessed on the net value of the estate prior to distribution to heirs
Civil rights act of 1866
States that citizens of all races shall have the same right to buy, sell, lease or hold real and personal property as people of the white race
Federal fair housing act/ Federal civil rights act of 1968
Made it illegal to discriminate in the sale or rental of a residence because of race, color, religion or national origin
Blockbusting
Inducing owners to sell by leading them to believe that minority individuals are moving into the area
Fair housing act amendment of 1988
Added two new categories of protected classes, handicap and familial status
Real estate commission
Has the power to revoke, suspend, or censure a license
Familial status
Means having children under 18, or being in the process of acquiring a child through pregnancy, and adoption or a custody case
Steering
When a licensee who tries to limit a prospects choice of neighborhoods based on any of the protective categories
Improper listing
Occurs when a licensee takes a listing on a property, knowing that the owner wishes to place restrictions on the parties to whom the property can be shown
Americans With Disabilities Act of 1990
Devoted to requiring that organizations and businesses make their services and their facilities accessible to customers and workers were handicapped. All new construction after the effective date July 1992 must be in compliance
Do not call registry
Law prohibits telemarketing calls to phone numbers on the national registry. Telemarketers have 31 days from the date that phone number first appears on the list to seize all cold calls.
Can-spam act of 2003
The first attempt by the federal government to control commercial email
Sherman anti-trust act
Designed to protect the public from monopolistic practices or activities that in danger competition in the marketplace
The Georgia fair business practices act
The focus of this law is primarily on deceptive advertising. Though an actual transaction must occur in order to prosecute
The Georgia uniform deceptive trade practices act
law that deals primarily with price-fixing and any other practices which would restrict competition. No actual consumer transaction need occur