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Session 15

Police Powers and Zoning Issues

QuestionAnswer
Police Powers One of four government powers (police powers, eminent domain, taxation, escheat) intended to protect the public health, safety and welfare.
P.E.T.E. Government powers that are intended to create regulations to protect the public health, safety and general welfare and include Police Powers, Eminent Domain, Taxation and Escheat.
Police Powers include The regulation of land through zoning ordinances, health and building codes, & environmental regulations
The Master Plan Implemented through zoning and takes into account environmental and safety concerns for all properties (residential, commercial, industrial, public service, & for transportation) and helps communities develop and redevelop.
Zoning Regulates the use, size, structure type, building heights, style and appearance and density of public land and is enforced through police powers.
Enabling Acts Allows the states (higher) authority to pass down to smaller municipalities so that zoning regulations can be carried out at the local level by local authorities.
Zoning Classifications Residential, Commercial, Agricultural, and Industrial
Nonconforming Use Permit Needed in order to continue using land in a prescribed way when zoning has changed so that an existing use is no longer permitted.
Variance Permit A permitted exception to current zoning. Unique circumstances must be shown by the property owner to demonstrate the necessity of this permit.
Special-use Permit A use otherwise not allowed under current zoning restrictions. Ex: A day-care center in a residential area.
Planned Unit Development (PUD) Within a single development or subdivision, a building development designed for variable land use such as housing, recreation, and commercial centers in the same subdivision. MULTIPLE STRUCTURES and uses within ONE SUBDIVISION.
Mixed Unit Development (MUD) A blending of uses such as retail, commercial and residential in a "village development" or single building. MULTI USE in SINGLE STRUCTURE
Condemnation The act of the government exercising Eminent Domain which can only be done for public use and with just compensation.
Fifth Amendment Make compensation for the Condemnation of land legally necessary by providing the TAKING CLAUSE: "nor shall private property be taken for public use, without just compensation."
Fourteenth Amendment Prevents the states from depriving "any person of life, liberty, or property without due process of law"
Inverse Condemnation
Aesthetic Zoning Requires buildings to conform to architectural style and design.
Buffer Zone A neutral zone that is created between conflicting use zones often landscaped and used for parks and playgrounds.
Bulk Zoning Way to avoid overcrowding and allow for open areas by controlling building heights, setbacks and density (number of buildings per acre)
Cluster Zoning Allows buildings to be placed close together (like in a clover leaf) to allow for or give the appearance of more open space.
Incentive Zoning Allows different uses within one building (the first floor of an office building used for retail)
Building codes Designed to provide standards for safety and efare of the public, these regulate building and construction standards that are regulated by state and municipal governments.
Building Permits Required before construction starts for an addition or new building, this written permission from local authorities and is a system for monitoring compliance with zoning codes.
Certificate of Occupancy In compliance with zoning, this permit is given, once all construction and final inspection is completed, on a new build or remodel.
Density Zoning The number of houses that can be build per acre of land.
Subdivider A person who buys undeveloped land and divides it into smaller parcels to sell to a developer. (The subdivider can also be the developer)
Developer This person buys land from a subdivider an makes improvements to is such as subdivision projects or large commercial projects.
Restrictive covenants PRIVATE restrictions/requirements, set up by developers to enhance the value and enjoyment of the land. Called CC&Rs (Covenants, conditions & restrictions), they cannot violate public restrictions and whichever is more restrictive takes precedence.
Interstate Land Sale Full Disclosure Act Federal law that regulates the sale of unimproved land in interstate transactions. Allows buyer 7 day rescission periods on purchases of 25+ parcels or lots less that 20 acres.
Created by: REstudent