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36 Cards in this Set
- Front
- Back
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Public Regulation Zoning |
Regulations that restrict private land use |
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Planning and Zoning |
Zoning: Division of region into zones where only certain types of uses are permitted in each zone(local or regional level)
Planning: public policy for the physical development of a parish or municipality adopted by a parish or municipal planning commission |
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City Parish Planning Commission |
1949 9 member directed by state law and the Metropolitan Charter to guide the physical growth of Baton Rouge and the Parish with comprehensive planning and land use controls |
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City Parish Planning Commission Duties: |
comprehensive and advance planning
-develops zoning and subdivision regulations
-reviews rezoning and subdivision applications
-make recommendations to the Metropolitan Council for ordinances, ordnance changes and land use requirements |
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Horizon Plan: |
20-year comprehensive land use and development plan adopted in 1992.
20-year update to succeed the Horizon Plan, know as FUTUREBR, adopter in 2011 |
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Unified Development Code ("UDC") |
is a comprehensive combination of ordinances including:
Subdivision Ordinance
Zoning Ordinance
Sign Ordinance
Landscape Ordinance |
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Unified Development Code ("UDC") divides the City-PArish into |
zoning districts.
it regulates: -height, # of stories, and size of building -size of yards, courts, and other open spaces -Location and use of buildings, structures and land for trade, industry, residence |
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Chapter 8(zoning Districts) of the Unified Development Code(UDC) establishes ___________ |
18 types of zoning districts |
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Public Regulation:
zoning |
regulations that restrict private land use |
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Main purpose of zoning |
improve living and working conditions in congested areas by preventing liberties of one property owner from interfering with rights of another |
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Zoning Consists of
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-Dividing a city/county into districts
-prescibing within each district types of structures and architectural designs for buildings to be located there -prescribing uses for buildings within each district |
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Zoning is a ___________ and _________ process |
Governmental/political
-requires notice and hearing for zoning property |
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in zoning, property can be ______ from one use to another |
rezoned |
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Zoning is enforced through __________ by public authorities or by ______________ |
injunctions
refusing to issue building permits |
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Building code and subdivision regulations |
protect health and welfare of city/county's citizens |
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Building codes regulate __________ and __________ to be used in contractions of improvements |
methods and materials |
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Environmental protection laws/CERCLA |
wide body of both federal and state law designed to protect the quality of earth, water, and air |
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List various types of government regulation of private property |
zoning regulations, building codes, subdivision regulation, environmental protection laws, power of eminent domain and taxation |
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encumbrance |
a claim or charge on a property, such as a lien or mortgage, which lessens the property value |
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zoning regulation |
restricts private land use.
enforced through injections by public authorities or by refusing to issue building permits |
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udc |
unified development code |
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Unified Development Code UDC |
is a comprehensive combination of ordinances including:
subdivision ordinance
zoning ordinance
sign ordinance
landscape ordinance |
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Planning |
public policy for the physical development of a parish or municipally adopted by a parish or municipal planning commission |
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What is the City-Parish Planning Commission |
Guide the physical growth of Baton Rouge and the Parish with compressive planning and use controls |
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Duties of city-parish planning commission |
Comprehsive and advance planning
develops zoning and subdivision regulations
reviews rezoning and subdivision applications
make recommendations to the metro council for ordinance, or dances changes, and lad use requirements |
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For property to be subdivided |
street and sewers be approved in advance by the government |
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CERCLA |
comprehensive Environmental Response Compensation and Liability Act
(super fund) |
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CERLA Comprehensive Response Compensation and Liability Act |
Federal legislation created a trust fund designed to finance the activities of the Environmental Protection Agency and gave the Environmental Protection Agency the authority to recover cleanup costs for contaminated properties from then parties responsible for the contamination |
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Phase 1 |
an examination of real property to determine if it contains environmental contamination |
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environmental concerns that could affect real property |
underground storage tanks
radon and lead-based paints |
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What is a real property owner's general responsibility for hazardous waste located on the real property? |
must give notice of hazardous property |
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Eminent domain |
power of government to take private property for public use
takings clause
comdensation |
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eminent domain main legal issues |
The government cannot exercise its power of eminent domain with out 1st establishing that the private property is needed for a public use and paying the private adequate compensation for the property |
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Judgment |
money debt resulting from a lawsuit. Judgments are liens on real property owned by the judgment debtor |
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A lien is created when |
the property owned has been sued for a sum of money and a court has entered a judgment against the property of the owned.
potential title problems and can be discovered during a title examination |
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restrictive covenant |
possible for real property owners to restrict the use of their real property.
May be in the form of restrictions or covenants found in deeds of conveyance of the real property or in restrictions that are recorded against the real property |
