Public Land Use Restrictions

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Police Power

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All controls and enforcement of public restrictions derive from the states _______ _______ to protect health, safety, morals, and general welfare of the public. This is provided by the U.S. Constitution, and the enabling acts.

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Downzoning

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re-zoning wherein the amount of units allowed in area goes down (where 8 units used to be allowed per acre, now only 4 are) Lower Density Use

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Upzoning

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re-zoning to provide for higher density use.

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Comprehensive plans

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this provides for orderly development or redevelopment of the community so as to provide residents with jobs, housing, social , recreational , and cultural opportunities.

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Zoning

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the main method of implementing a state or local comprehensive plan.

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Zoning Ordinance

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a governmental restriction on the use of private land. Zoning is not considered to be an encumbrance.

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Protective Zoning

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through this, communities are able to protect existing land users from encroachment by undesirable uses

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Directive Zoning

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through this, communities ensure that land uses in the future will be based on the highness and best use of the land and will be compatible with each other.

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Buffer Zones

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these may be planned to provide separation of two incompatible zones (e.g, on land between a residential area and an area zoned for industrial use, a developer may be required to plant grass and trees.)

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Setbacks

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these are the distances between the front, side, and rear lot lines and improvements.

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Legal Nonconforming Use

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according to this, existing buildings and land uses that had been legal prior to the date a new ordinance takes effect will not conform to new zoning requirements, but they will not become illegal either. (like an old grocery store in an area that is now located in a re-zoned residential area). These non-conforming uses are allowed to remain under a grandfather clause in the zoning ordinance.

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Nuisane

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a use of property that unreasonably interferes with the responsible use of others' property (such as offensive noise or odor). If it affects a larger area, then it is a termed a public ________ and can be abated (removed) by government action.

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Spot Zoning

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re-zoning that involves only a small parcel of land and the use classification differs significantly from that of the surrounding parcels (e.g. resigning a lot in the middle of a residential zone to allow the operation of a laundry or barbershop.)

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Variance (also called an adjustment)

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Zoning changes (generally to new structures) may be made by amending the zoning ordinance or by obtaining a ________, which is a special permission to allow a land use that would normally be in violation of current zoning, but would not change the basic character of the area and would be consistent with the general objectives of zoning in the area. (e.g. A home owner may request a _______ if he needed to extend the side of his home beyond the normal 10' setback boundary required by the zoning in the area and build up to 7' from the lot line)

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Conditional use Permits (or Special Use Permits)

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These allow land use that does not conform to zoning requirements. They are generally granted for uses that do not fall into any particular zinging classification (i.e. child care centers, medical clinics, private schools, etc) yet which benefit the community

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Planning commission or community planning board

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generally, requests for zoning changes or adjustments are referred to this.

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National Environmental Policy Act

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this requires federal agencies to prepare an Environmental Impact Statement disclosing the effects of a development, whenever a proposed project would have a major impact on the environment.

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Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or the SUPERFUND ACT)

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makes past and present owners, and even lenders, jointly and severally liable for cleanup of hazardous substances, regardless of whether they were connected to the production, transportation, or disposal of the hazardous substances on the property, unless they can qualify as innocent purchasers or bona fide prospective purchasers who have not caused or contributed to hazardous waste contamination.

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Clean Air Act

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imposes standards for air quality.

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Clean Water Act (also Federal Water Pollution Control Act)

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imposes standards for water quality and wastewater treatment. states are responsible for meeting these standards (west virginia)

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Federal Coastal Zone Management Act (Also CZM, or CZMA)

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provides assistance to coastal states to develop and implement programs for managing their costal zones.

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Resource Conservation and Recovery Act (RCRA)

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this was enacted to deal with hazardous waste management. Its primary goals are to protect human health, natural resources, reduce waste, and ensure waste is handled in an environmentally sound way.

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Environmental Impact Reports (EIRs)

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these are required by a states environmental protection policy if a proposed land use activity could adversely effect the environment. These describe the proposed actions ant their impact not he environment, identify unavoidable adverse environmental effects, assess feasible alternatives, etc.

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Building Codes (Building Ordinances)

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these establish minimum material and construction standards for new construction and building alterations. They also require that a person submit building plans or a building proposal and obtain a building permit before building, altering, or repairing a building so that building code officials may determine whether the work would meet building code and zoning requirements.

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Certificate of Occupancy

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Upon inspection and completed work of a building, if the building satisfies all code requirements, the building code department will issue one of these to allow occupancy.