*government: Public Controls Affecting Land Use

Front 1

What do public restrictions stem from?

Back 1

Police Power

Front 2

Government land use controls include what?

Back 2

• planning

•zoning

•building codes

•public health ordinance •environmental protection laws

Front 3

Police power of government what?

Back 3

DOES NOT provide just compensation and is not same as eminent domain.

Front 4

Land use planning

Back 4

Provides orderly growth and development of a community.

Front 5

What is buffer zoning?

Back 5

Separate incompatible uses.

Such as: playground/parks can shield residential areas from commercial or industrial use.

Front 6

How does the land use planning process begin?

Back 6

Study of every aspect area: history, people, lifestyle, transportation, schools, shopping. Etc.

Front 7

What is the second step of land use planning?

Back 7

Develop a master plan.

Front 8

What is a master plan?

Back 8

A blueprint for future development.

Front 9

What are the zoning regulations which Land Use Districts use??

Back 9

-residential

-commercial

-industrial

-multi family

-recreational

(Mixed use is becoming popular)

Front 10

What are conservation districts?

Back 10

They protect areas of natural beauty or ecological significance.

Front 11

What do zoning ordinance do?

Back 11

Regulates how each parcel of land may be used.

Front 12

Zoning ordinance do what?

Back 12

Regulate how each parcel of land may be used. Also regulate density, the height and the bulk of building. Sometimes architectural styles and other aesthetic consideration.

Front 13

Zoning laws must be ____ or _____ and must be ______ applied.

Back 13

1. Arbitrary

2. Unreasonable

3. Uniformly

Front 14

When zoning conflicts with restrictive deeds, what applies?

Back 14

Whichever is stricter.

Front 15

Rezoning a parcel of land to a lower density or less profitable use is______.

Back 15

Down zoning

Front 16

Does the owner have the right to compensation when down zoning?

Back 16

No

Front 17

What is up zoning?

Back 17

Rezoning to a higher density and more profitable use.

Ex: residential to multi-family.

Front 18

Permitting a small area to have a use that is inconsistent with the surrounding area is?

Back 18

Spot zoning

Front 19

What are the special types of zoning?

Back 19

Aesthetic zoning

Bulk zoning

Directive zoning

Incentive zoning

Exclusionary zoning

Hint 19

5 of them.

Front 20

An example of spot zoning.

Back 20

Putting a small convent store to operate in a residential area.

Front 21

What is aesthetic zoning?

Back 21

Specifies architectural styles must be compatible.

Front 22

What is bulk zoning?

Back 22

Limits population growth and density in certain areas.

Ex: includes restrictions on lot sizes, floor space, building height, open area and setbacks.

Front 23

How do you assess density of a building?

Back 23

Floor Area Ratio (FAR)

Roark area of the floor of a building devised by the lot area.

Front 24

Required distances a building must be placed from front, side, and rear lot lines is called what?

Back 24

Setback lines.

(Bulk zoning is associated with setback lines)

Front 25

What is directive zoning?

Back 25

Designed to encourage the highest and best use of the land.

Front 26

What encourages developers to meet certain physical, social, and cultural benefits?

Back 26

Incentive zoning.

Front 27

Exclusionary zoning is?

Back 27

Term applied to laws which require such large lots and houses that low income families are effectively barred.

Front 28

Nonconforming use is?

Back 28

Once a zoning law has been adopted all new structures and land must conform to it.

Zoning is not retroactive (going in past)

Front 29

Grandfathered is another word for?

Back 29

Non-conforming use.

(If business was already there and in business they can stay the way they are.)

Front 30

What's the first step to changing a zoning area?

Back 30

Rezoning petition with the local zoning board.

Front 31

How many days to cool off does ILSFDA give for the purchaser to change their mind?

Back 31

7 days after receipt of report.

Front 32

The 7 day cool off of ILSFDA that gives the purchaser time to change his mind, get deposit back is called?

Back 32

Rescission

Front 33

How long does the purchaser have to cancel an agreement if the report isn't given before signing?

Back 33

2 years.

Front 34

What are the rest of the steps to change zoning?

Back 34

A public hearing is scheduled and advertised in newspapers as well as a sign posted on property.

Front 35

Variance means?

Back 35

'Allows' the use for a parcel of land for some purpose that does not comply with its current use-designation (an exception)

Front 36

Variance appeal is based on?

Back 36

Hardship. (And it does not affect the character of the neighborhood)

Front 37

Regulations that set the standards for construction materials, methods, and safety procedures are said to be?

Back 37

Building codes (local level of govt)

Front 38

Before new construction or remodeling, the builder most present to the building inspector plans which meet the ________ and ________.

Back 38

Applicable building codes

Zoning ordinance.

Front 39

Upon the approval of the new construction, a ______ ______ is issued and work may begin.

Back 39

Building permit

Front 40

Job can be shut down by court order of its not compliance with the code, what is this called?

Back 40

Abatement

Front 41

Interstate Land Sales Full Disclosure Act (ILSFDA)

Back 41

Federal law that protects customers in the purchase or lease of lots in a subdivision using any means of interstate commerce.

Front 42

ILSFDA requires that a factual report be delivered to the buyer when?

Back 42

BEFORE entering into a purchase agreement.

Front 43

Ad Valorem Taxes pay for what?

Back 43

Funding for schools, hospitals, fire and police protection and road maintenance.

Front 44

What is the ad Valorem tax process?

Back 44

BALAATETTT

B udget

A ppropriation

L evy

A ssessment

A ppeal

E qualization

T ax rate

T ax bill calculations

T ax exemptions

T ax collection

Front 45

1. Budget

2. Appropriation

3. Levy

4. Assessment

5. Appeal

6. Equalization

7. Tax rate

Back 45

1. Annual budget - expenditures can't be over anticipation.

2. Legislative body determines where money is spent.

3. Determines how taxes will be imposed on property/people.

4. Determine market value of each property. AR

5. If property owner feels assessment is unfair, can appeal to review board or board of arbitrary.

6. To assure fair treatment for taxpayers from local jurisdiction -the state board of equalization establishes equalization factors.

7. Assessment roll- list of all properties. Tax base is total assessed value.