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Questions and Answers
What is a Certificate of Occupancy?
What is a Certificate of Occupancy?
- A document that confirms a property has fully complied with all building codes (correct)
- A document that confirms a property is ready for eminent domain use
- A document that confirms a property has fully complied with all zoning regulations
- A document that confirms a property is free of deed restrictions
What is the purpose of Concurrency in planning?
What is the purpose of Concurrency in planning?
- To address negative impacts after construction is completed
- To delay addressing any negative impacts until they arise
- To address foreseen negative impacts during construction itself (correct)
- To ignore potential negative impacts of development
What does Eminent Domain allow a government entity to do?
What does Eminent Domain allow a government entity to do?
- Force the sale of private property for public use (correct)
- Ignore all zoning regulations in particular areas
- Force owners to use their property in any way they choose
- Prevent any future development on private properties
What is a Master Plan in terms of urban planning?
What is a Master Plan in terms of urban planning?
What is the purpose of a Deed Restriction?
What is the purpose of a Deed Restriction?
What does a Building Code establish?
What does a Building Code establish?
What is a Non-conforming use in terms of zoning ordinances?
What is a Non-conforming use in terms of zoning ordinances?
What is the purpose of a Condemnation decree under eminent domain?
What is the purpose of a Condemnation decree under eminent domain?
What does a Deed Restriction do to deeded property?
What does a Deed Restriction do to deeded property?
What can the grantor do if a condition is violated?
What can the grantor do if a condition is violated?
What do Deed Restrictions refer to?
What do Deed Restrictions refer to?
What is required to obtain a certificate of occupancy?
What is required to obtain a certificate of occupancy?
Which legislation regulates dumping in navigable waters and wetlands?
Which legislation regulates dumping in navigable waters and wetlands?
What does a variance refer to in zoning regulations?
What does a variance refer to in zoning regulations?
When is a nonconforming use considered legal?
When is a nonconforming use considered legal?
What are CCRs within a development context?
What are CCRs within a development context?
What do private land use controls specify?
What do private land use controls specify?
'Special Exception' allows for what in a particular zone?
'Special Exception' allows for what in a particular zone?
What is the main purpose of police power in real estate?
What is the main purpose of police power in real estate?
What is the significance of a 'variance' in land use planning?
What is the significance of a 'variance' in land use planning?
What does the term 'nonconforming use' refer to in zoning appeals?
What does the term 'nonconforming use' refer to in zoning appeals?
What is the aim of Planned Unit Development (PUD) zoning?
What is the aim of Planned Unit Development (PUD) zoning?
In the context of zoning, what is the role of the Zoning Board of Adjustment?
In the context of zoning, what is the role of the Zoning Board of Adjustment?
Which category of zoning typically includes regulations for manufacturing facilities?
Which category of zoning typically includes regulations for manufacturing facilities?
What does 'eminent domain' allow government entities to do?
What does 'eminent domain' allow government entities to do?
What is the primary goal of land use planning?
What is the primary goal of land use planning?
'Declaration restriction' attached to a property serves which purpose?
'Declaration restriction' attached to a property serves which purpose?
What does a 'special exception' authorize in land use planning?
What does a 'special exception' authorize in land use planning?
What is the purpose of a Master Plan in urban planning?
What is the purpose of a Master Plan in urban planning?
In the context of real estate, what does a Certificate of Occupancy signify?
In the context of real estate, what does a Certificate of Occupancy signify?
What does a Deed Restriction impose on the use of deeded property?
What does a Deed Restriction impose on the use of deeded property?
Under eminent domain, when can a government force the sale of private property?
Under eminent domain, when can a government force the sale of private property?
What does Concurrency in planning require developers to do?
What does Concurrency in planning require developers to do?
When does a land use qualify as non-conforming under current zoning?
When does a land use qualify as non-conforming under current zoning?
What does Eminent Domain allow a government entity to do regarding private property?
What does Eminent Domain allow a government entity to do regarding private property?
What does a Condemnation decree under eminent domain signify?
What does a Condemnation decree under eminent domain signify?
What is the purpose of eminent domain in relation to individual property owners?
What is the purpose of eminent domain in relation to individual property owners?
In urban planning, what role does a Deed Restriction play?
In urban planning, what role does a Deed Restriction play?
What is the main purpose of a zoning ordinance?
What is the main purpose of a zoning ordinance?
Which category of zoning focuses on regulating manufacturing, distribution, and storage facilities?
Which category of zoning focuses on regulating manufacturing, distribution, and storage facilities?
What is the role of a Zoning Board of Adjustment?
What is the role of a Zoning Board of Adjustment?
What does a Declaration Restriction aim to achieve?
What does a Declaration Restriction aim to achieve?
What does a variance in land use planning typically involve?
What does a variance in land use planning typically involve?
What is the concept of Eminent Domain primarily aimed at achieving?
What is the concept of Eminent Domain primarily aimed at achieving?
How does a Special Exception differ from a Variance in land use planning?
How does a Special Exception differ from a Variance in land use planning?
What does Eminent Domain allow a government entity to do?
What does Eminent Domain allow a government entity to do?
What is one of the aims of Land Use Planning mentioned in the text?
What is one of the aims of Land Use Planning mentioned in the text?
What do Deed Restrictions impose on a property owner?
What do Deed Restrictions impose on a property owner?
What is the main purpose of the Zoning Board of Adjustment?
What is the main purpose of the Zoning Board of Adjustment?
What is the significance of a variance in land use planning?
What is the significance of a variance in land use planning?
Which legislation primarily regulates lead-based paint in residences?
Which legislation primarily regulates lead-based paint in residences?
In real estate, what makes a nonconforming use legal?
In real estate, what makes a nonconforming use legal?
What is the primary role of CCRs (Covenants, Conditions, and Restrictions) within a development context?
What is the primary role of CCRs (Covenants, Conditions, and Restrictions) within a development context?
What is the key focus of Environmental Laws like the Clean Water Act?
What is the key focus of Environmental Laws like the Clean Water Act?
What is the main purpose of a Special Exception in land use planning?
What is the main purpose of a Special Exception in land use planning?
What does the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) mainly regulate?
What does the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) mainly regulate?
When can a nonconforming use be considered legal in terms of zoning ordinances?
When can a nonconforming use be considered legal in terms of zoning ordinances?
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Study Notes
Land Use Regulation
- Land use regulation aims to preserve property values, promote highest and best use, safeguard public health, safety, and welfare, control growth, and incorporate community consensus.
- The process involves developing a plan, creating administration, and authorizing controls.
- Master plans are long-term growth and usage strategies, often required by state law, and fuse municipal goals and needs with state and regional laws.
Zoning
- Zoning is the "police power" bestowed by state-level enabling acts and establishes zones, imposes usage restrictions, regulations, and requirements.
- Categories of zoning include:
- Residential: regulates density or number of dwellings in a specific area.
- Commercial: governs intensity or how much commercial activity is allowed in relation to the size of the site.
- Industrial: zoning for manufacturing, distribution, and storage facilities.
- Agricultural: zoning for farming and related activities.
- Public: zoning for public facilities such as schools, parks, and government buildings.
- PUD (Planned Unit Development): zoning for mixed-use developments.
Zoning Administration
- Zoning Board of Adjustment oversees rule administration and appeals.
- Zoning appeals include:
- Nonconforming use: legal if existed before zone creation; illegal otherwise.
- Variance: exception granted based on hardship.
- Special exception: granted based on public interest.
- Amendment: change of zones; rezoning.
Eminent Domain
- Definition: allows government entities to purchase a fee or easement interest in privately owned real property for public use and good in exchange for "just compensation."
Subdivision Regulations
- Plat of subdivision and all relevant requirements must be met and approved, including meeting FHA requirements for insured financing.
- Considerations include:
- Location
- Grading
- Alignment
- Surfacing
- Street width and highways
- Sewers and water mains
- Lot and block dimensions
- Building and setback lines
- Public use dedications
- Utility easements
- Ground percolation
Deed Restrictions and HOA Regulations
- Declaration restriction is attached to the property and cannot be extinguished by agreement or quit claim deed.
- Purpose is to optimize and preserve the value of the property.
- Can be enforced through an injunction.
- Deed condition is similar in nature to a deed restriction.
Environmental Regulations
- Flood prevention; proper disposal of solid waste; air, water, and marine quality control; noise reduction measures; toxic substance management; lead paint restrictions; compliance with CERCLA and Superfund guidelines.
History of Environmental Laws
- Solid Waste Disposal Act (1965, 1976, 1999, 2002)
- Air Quality Act, Clean Air Act (1967, 1970)
- National Environmental Policy Act (NEPA) (1969, 1970)
- Flood Control Act (1969)
- Resource Recovery Act (1970)
- Water Quality Improvement Act (1970)
- Water Pollution Control Act amendment (1972)
- Clean Water Act (1972, 1977)
- Lead-based paint ban (1978)
- PCB ban (1979)
- RCRA amendment (1984)
- Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (1980)
- Superfund Amendment and Reauthorization Act (1986)
- Asbestos ban (1989)
- Residential Lead-based Paint Hazard Reduction Act (1992, 1996)
- Flood Insurance Reform Act (1994)
- Brownfields legislation (2002)
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