Land Use Controls And Regulations

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Ad Valorem Taxes

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Based on the value of the real estate. General property taxes may pay for items such as schools, police, fire etc.

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Special Assessment Taxes

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Imposed only on properties that benefit from the improvement, such as a tax to install a sewer line or city water line on one specific street, paved streets, curbs, sidewalks, or street lighting

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Property Tax Liens

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Take priority over all other property liens in most states

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Eminent Domain

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The governments power to take private land for public use. Example: take private property needed for a planned freeway project. The gov must fairly compensate private owners for property taken through eminent domain

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Taking

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Governmental appropriation of property; a taking may or may not use the power of eminent domain

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Condemnation Action

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The process of taking title and physical possession of private property using the governments power of eminent domain; the property owner is paid just compensation for the value of the property

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Inverse Condemnation

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The government takes private property but fails to compensate the owner

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Escheat

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The states power to take the property of a decedent who does without a will, heirs, or creditors. When the state claims property through escheat, it can dispose of the property to benefit the public

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Police Power

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The governments authority, at any level, to do what it can to ensure the health, safety, and welfare of its citizens. Police power includes licensing, public services, zoning, and building codes

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Zoning

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A police power exercised by a state, county, city, or town government that classifies land based on its current or intended usage.

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Zoning

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A police power exercised by a state, county, city, or town government that classifies land based on its current or intended usage.

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Zoning Ordinances Implement-

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The comprehensive plan by regulating zoning and land use and are usually enforced at the city level

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Zoning Ordinances Regulate:

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Lot size, building height, and permitted uses within each zoning classification on a zoning map

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Zoning Ordinances Regulate:

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Lot size, building height, and permitted uses within each zoning classification on a zoning map

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Zoning Classifications

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Residential, commercial, combination/mixed use, industrial, agricultural, open space, parkland, recreation area, group homes, home occupation, or an accessory use

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Zoning should adhere to:

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The areas master plan

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Incentive Zoning

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Allows otherwise prohibited development in return for the developer providing a community benefit

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Bull Zoning

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Regulates the density of a given area by requiring certain building height limitations, lot width, setback requirements, etc. Bull zoning applies to both residential and commercial zoning

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Aesthetic Zoning

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A way to ensure the visual and architectural consistency of an area

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Downzoning

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The process of assigning a lower density use zone to an area previously allowing a higher density such as houses per acre

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Spot Zoning

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Rezones a specific property for use within another zoning area

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Zoning Action:

Nonconforming Use

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Deviates from current zoning but is grandfathered in such as a home built years ago in an area that’s now commercially zoned. Buyers should never assume a nonconforming use can continue after the transfer of ownership or the destruction of improvements

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Zoning Action:

Moratorium

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Temporarily halts new property development

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Zoning Actions:

Special Use Permit aka Conditional Use Permit

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Allows use that’s not normally permitted but is considered an allowable use within that zoning such as a church within a residentially zoned area

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Zoning Actions:

Variance (aka Use Variance)

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Permitted deviation in the zoning ordinance requirements; typically granted when the zoning has created a hardship or burden on the property owner. Both special use permits and variances require a public hearing before they’re granted

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Zoning Appeals Board

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Oversees challenges to zoning actions

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Planning Board

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Ensures that community growth is controlled and orderly; the board develops the master plan also known as comprehensive plan, which includes a budget. In a city, this is known as urban planning

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Topography

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Planners often account for topography (the physical and natural features of an area).

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Subdivision

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Land that is divided into lots for development

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Plat Map

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A map of a subdivision that represents a tract of land, showing the boundaries and location of individual properties, streets, easements, and other pertinent information. A developer submits the plat map to a planning board or zoning commission

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Sunshine Law

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Meetings held by planning and zoning boards must be open to the public because of sunshine laws. At the federal level, the Sunshine Act is part of the Freedom of Information (FOIA). Each state usually has its own version of FOIA or a sunshine law

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Building Codes

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If there is not state or local code, builders must comply with the federal building code. Building permits are issued locally as a signal to a builder or contractor that building codes must be adhered to.

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Wetlands

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Areas that are saturated by water in an amount sufficient to support vegetation that grows in the saturated soil. The presence of a wetlands area on a property may impact property value and should be considered in the property appraisal. Only certain structures can be built on wetlands

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Wetlands

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Areas that are saturated by water in an amount sufficient to support vegetation that grows in the saturated soil. The presence of a wetlands area on a property may impact property value and should be considered in the property appraisal. Only certain structures can be built on wetlands

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Clean Water Act

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Provides guidelines for waters, including wetlands

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Flood Zones aka Floodplains

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Low lying areas of property that are susceptible to flooding because of their proximity to a water source

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Flood zones may be either base or moderate

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Base-100 year floodplain or 1% chance of a flood in a specific area in a given year

Moderate-500 year floodplain or a 2% chance of flooding in a specific area in a given year

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Special Flood Hazard Areas

SFHA

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Lenders that fall under federal regulations must regulations must require borrowers who live in SFHA’s to obtain flood insurance as a condition of obtaining their mortgages

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National Flood Insurance Program

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Helps homeowners in flood zones obtain affordable flood insurance

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Federal Emergency Management Agency FEMA

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Provides a search service that homeowners can use to determine if their property lies in a flood zone

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Brownfields

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Abandoned commercial or industrial sites suspected to contain toxic waste

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The Small Business Liability Relief and Brownfields Revitalization Act

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Encourages the clean up and development of brownfields by providing funds for assessment and clean up efforts, and protects buyers or developers from liability if the site were contaminated prior to ownership

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Protected Habitats

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Laws seeking to conserve, protect, or restore habitats aim to prevent the extinction of animals that live in those habitats or to protect the natural habitat itself from further destruction

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Endangered Species Act

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Seeks to protect species and their habitats and is administered by the US Fish and Wildlife Service and the National Marine Fisheries Service.

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Historic Preservation Commissions

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Role is to identify and help preserve historic landmarks

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Asbestos

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A fibrous material thats dangerous when it begins to deteriorate and becomes friable (easily crumbled or reduced to dust), was used in many materials before the 1970’s because of its fire retardant qualities. Inhaled particles can cause lung damage

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No federal laws require abatement of asbestos in residential properties

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Radon

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Occurs naturally in the environment and can be found in soil and well water. Radon enters a home through the building cracks and it can cause lung cancer. Homeowners can purchase radon self test kits and send them to the lab for analysis

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Carbon Monoxide

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An odorless, colorless toxic gas that’s formed whenever fuel is burned. Gas and oil furnaces, gas refrigerators, clothes dryers, rangers, water heaters, space heaters, fire places, charcoal grills, and wood burning stoves

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Chlorofluorocarbons (CFC)

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Organic compounds that contain carbon, chlorine, and fluorine. CFC’s have been linked to ozone depletion. The primary concern in real estate is Freon. Homeowners may be required to update rather than repair their HVAC systems or old refrigerators.

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Formaldehyde

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Used in a variety of building products, is a colorless chemical with a strong odor. It’s emitted as a gas and is classified as a volatile organic compound (VOC). It’s considered to be a probable carcinogen, is a respiratory, eye, and skin irritant. Pressed wood products including laminated furniture and plywood, carpeting, and ceiling tiles are the most common offenders

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Polychlorinated Biphenyls (PCBs)

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Mixtures of a number of man made chemicals. It is odorless, tasteless solids or liquids. It was used in industrial products and chemicals such as caulking compounds, transformers including fluorescent lighting fixtures and often found in water. It is considered a carcinogen

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Groundwater

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Water that is under the earths surface. Mining activities, landfill drainage, leaking underground storage tanks, contaminated storm drains, and agricultural pesticides contribute to groundwater contamination and therefore potential contamination of private and public drinking water sources. A variety of federal and state laws protect groundwater

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Waste Disposal Sites (Landfills)

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Huge excavated areas where waste is buried underground.

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Brownfields

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Properties that have been contaminated by commercial or industrial use. The Brownfields Law provide direct funds in the form of grants to clean up brownfields

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Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

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Established to clean up closed, abandoned, or uncontrolled hazardous waste sites and spills

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Superfunds Amendments and Reauthorization Act (SARA)

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Added an innocent landowner defense to CERCLA. Landowners who performed their due diligence when purchasing a property may be held innocent of clean up liability if the property is found to be contaminated. Either buyers or sellers may be liable for cleaning up contaminated property.

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Strict Liability

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The property owner is responsible for cleanup regardless of who’s at fault

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Joint and Several Liability

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Each of the responsible parties is personally responsible for damages

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Joint and Several Liability

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Each of the responsible parties is personally responsible for damages

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Retroactive Liability

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Both the current owner and prior owners are liable

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Retroactive Liability

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Both the current owner and prior owners are liable. If liable parties aren’t doing cleanup the EPA can hire its own contractors, do the cleanup work, and then bill the parties

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Private Controls

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Easements, Liens, Deed Restrictions, and Subdivision regulations or HOA rules. Private land use controls place restrictions on the appearance or use of land by individuals or private entities. If a property faces both a public and private restriction regarding the same issue, the most restrictive one takes precedence

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Deed Conditions or Restrictions

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Individual owners or grantors of a deed may place deed conditions that apply to that specific property being conveyed. Deed restrictions may run with the land forever or may have a time limit

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Covenants, Conditions, and Restrictions

CC&Rs

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Subdivision developers may place CC&Rs aka restrictive covenants on all properties within a development. They are rules established by developers or homeowners associations that govern properties and owners in the community covered by the CC&Rs

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CC&Rs

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Restrictions imposed may take the form of covenants in the property deed or by a separate document that’s referenced in the deed and recorded

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Purpose of CC&Rs

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To maintain specific subdivision standards e.g. architectural, design, or setback (distance from property lines)

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CC&Rs

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Are usually set up to expire within a certain number of years. It is enforced by the homeowners association

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Homeowners Association

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An agreement between the homeowner and the association. It subject property owners to certain rights. They have the right to levy fines against residents who don’t comply. Any member of the HOA may pursue enforcement in a civil court of law if a resident isn’t complying