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REP
Section 5: Land Use Controls and Restrictions
| Question | Answer |
|---|---|
| Deed Restriction | Limits the use or appearance of a given property. |
| CC&Rs | Covenants, conditions, and restrictions are the usage limitations imposed on owners/shareholders of a community housing, such as a homeowners association, cooperative, or condominium association. |
| Deed Restriction Facts: Does this apply? Ensures compliance with zoning and public safety, and preserves real property value. | Doesn't Apply |
| Deed Restriction Facts: Does this apply? Limits the use or appearance of a given property. | Applies |
| Deed Restriction Facts: Does this apply? May run with the land forever and will appear on all future deeds, or it may have a time limit. | Applies |
| Deed Restriction Facts: Does this apply? Must be placed by the property owner within a year of purchasing the property. | Doesn't Apply |
| Deed Restriction Facts: Does this apply? Can be placed on an individual property, an entire subdivision, or a neighborhood. | Applies |
| Police Power | The authority of all levels of government to act on behalf of the health, safety, and welfare of its citizens |
| Interstate Land Sales Full Disclosure Act (1968) | A federal law regulating interstate land sales. Regulates land sales across state lines in order to keep gangsters, con artists, and other hooligans from selling property to unsuspecting consumers sight unseen. |
| Police Power: True or False? Police power is the government’s authority at all levels to ensure the health, safety, and welfare of its citizens, which includes the control of public land use. | True |
| Police Power: True or False? Land and open space, planning and zoning, and subdivision development are controlled at the state level. | False |
| Police Power: True or False? Local governments and their planning boards control budgeting, site plan review, and building codes. | True |
| Interstate Land Sales Full Disclosure Act | Designed to prevent the fraudulent sale of property purchased sight unseen through the regulation of land sales across state lines. |
| Eminent Domain | The power of the government to take private property for public use |
| Taking (Court definition) | A move by a governmental body that deprives a landowner of the economically viable use of the property and results in the owner not being able to obtain a reasonable return on investment. |
| Condemnation | The actual taking of private property for government use, sometimes through eminent domain |
| Inverse Condemnation | Gov't takes private property but fails to compensate owner; property owners forced to file suit. Taking may be physical (occupation) / regulatory (gov't regulations deprive owner of property’s beneficial use & cause property to lose its economic value |
| Involuntary Alienation | The transfer of real property ownership without the owner's consent (e.g., foreclosure) |
| Eminent Domain and Taking: condemnation or inverse condemnation? This form of taking is initiated by the government. | Condemnation |
| Eminent Domain and Taking: condemnation or inverse condemnation? The owner of the property is offered the appraised/fair market value for the property taken. | Condemnation |
| Eminent Domain and Taking: condemnation or inverse condemnation? This occurs when private property is regulated by a government authority to the detriment of the landowner. | Inverse condemnation |
| Eminent Domain and Taking: condemnation or inverse condemnation? Compensation is owed to landowner when action deprives owner of all economically viable uses of property, and owner can no longer get a reasonable return on the investment in the property. | Inverse condemnation |
| Taxation as Government Power Facts: True or False? The purpose of taxation is to meet the need for public works by funding them through a stable source of income that allows many to share the burden. | True |
| Taxation as Government Power Facts: True or False? Taxation is one of the inherent burdens of private landownership. | True |
| Taxation as Government Power Facts: True or False? Paying taxes related to the property is one way to avoid a lien being placed on real estate. | True |
| Taxation as Government Power Facts: True or False? Unpaid property taxes are generally paid after all other creditors receive the money they're owed. | False |
| Escheat | State power to claim the estate of a deceased person who left no will, heirs, or creditors |
| Building Codes | Minimum standard construction rules intended to ensure a safe, properly functioning environment for building occupants |
| Building Code Regulations: True or False? The purpose of building codes is to ensure a safe, properly functioning environment for the building’s occupants. | True |
| Building Code Regulations: True or False? If there’s a conflict regarding national or local building codes, the less strict code prevails. | False |
| Building Code Regulations: True or False? If there’s no state or local building code to cover a situation, the national code applies. | True |
| Local building department or builder/property owner? Enforces code restrictions and licensing and insurance requirements for contractors, thereby enforcing the building code | Local building department |
| Local building department or builder/property owner? Decides which projects require a permit or approval | Local building department |
| Local building department or builder/property owner? Obtains a building permit for a residential or commercial property before building or renovating and displays it on the job site | Property owner |
| Interstate Land Sales Full Disclosure Act: True or False? It prevents fraudulent sales of property by regulating land sales across state lines. | True |
| Interstate Land Sales Full Disclosure Act: True or False? It’s administered by the Consumer Financial Protection Bureau. | True |
| Interstate Land Sales Full Disclosure Act: True or False? Developers must register any subdivisions that have 100 or more non-exempt lots. | True |
| Zoning Ordinances | Local laws or regulations that implement the comprehensive plan by regulating zoning and land use |
| Zoning Classification or Not? Agricultural | Zoning classification |
| Zoning Classification or Not? Industrial | Zoning classification |
| Zoning Classification or Not? Brick, store, or masonry construction only | Not a zoning classification |
| As-of-right Zoning | The permitted use of a property. |
| Residential Property Uses: Home occupation, Group home, or Accessory apartment/accessory? Use that's subordinate to the main use of a single-family home, such as a mother-in-law suite or tool shed | Accessory apartment/accessory |
| Residential Property Uses: Home occupation, Group home, or Accessory apartment/accessory? Use that's for a business purpose that's secondary to the use of the single-family dwelling and conducted only by the dwelling’s residents | Home occupation |
| Residential Property Uses: Home occupation, Group home, or Accessory apartment/accessory? Residential facility for unrelated adults who have physical, mental, or behavioral disabilities | Group home |
| Other Types of Zoning Classifications (Other than Commercial and Industrial) Areas designated for raising and grazing animals and/or growing crops | Agricultural |
| Other Types of Zoning Classifications (Other than Commercial and Industrial) Undeveloped land that can be can be as small as a pathway between public areas, a vacant lot in a large city, or acres and acres of land | Open space |
| Other Types of Zoning Classifications (Other than Commercial and Industrial) Commonly public recreation areas administered and controlled by state and local governments | Parklands |
| Other Types of Zoning Classifications (Other than Commercial and Industrial) Parks, shorelines, public fishing areas, trails, and waterway access | Recreation areas |
| Other Types of Zoning Classifications (Other than Commercial and Industrial) Areas designated for hospitals, jails and prisons, courthouses, college campuses, and public schools | Institutional |
| Other Types of Zoning Classifications (Other than Commercial and Industrial) Property that was never built on or that was built on but was brought back to its natural state | Vacant land |
| Floor to Area Ratio (FAR) | Intensity of lot use; building height and site coverage are factors that affect this. |
| Incentive Zoning | Occurs when a municipality will allow an otherwise prohibited type of construction if the developer will give the municipality something back in return. |
| Incentive Zoning: True or False? Incentive zoning is when a municipality pays a developer a bonus if the developer completes construction of a multi-use facility within budget and 30 days before the scheduled deadline. | False |
| Incentive Zoning: True or False? The FAR describes the building's height. | False |
| Incentive Zoning: True or False? The FAR is calculated by dividing the gross floor area of a building by the total area of the lot. | True |
| Incentive Zoning: True or False? The same FAR can describe a building that covers the entire lot, just half the lot, or just one-quarter of the lot. | True |
| Incentive Zoning: True or False? FAR includes all structures that will be inhabited, plus any parking areas or structures. | False |
| Bulk Zoning | Restricts the density of buildings in an area through building design requirements such as floor-area-ratios (FAR), setbacks, lot size, building placement, and open space requirements. |
| Aesthetic Zoning | Preserves the architectural integrity and cohesive look of an area (beauty/appearance) |
| Downzoning | Process of assigning a lower-density use zone to an area that previously allowed higher density. |
| Inverse condemnation | Occurs when property value is diminished due to adjacent land being taken for public use. |
| Downzoning: True or False? Sometimes downzoning is used to limit sprawl and overgrowth of cities. | True |
| Downzoning: True or False? Downzoning isn't used for conservation or recreational purposes. | False |
| Downzoning: True or False? Homeowners living in an area when downzoning occurs will usually be grandfathered in. | True |
| Downzoning: True or False? Homeowners adjacent to a downzoned area who believe the downzoning has harmed their property value can claim inverse condemnation. | True |
| Downzoning: True or False? Inverse condemnation is an action the government takes against homeowners who complain publicly about a downzoning decision that has affected the value of their property. | False |
| Sunshine Law | All meetings of zoning boards, planning boards, and the local zoning authorities are open to the public. |
| Sunshine Law: True or False? The Freedom of Information Act is a state-specific law. | False |
| Sunshine Law: True or False? The sunshine law is also known as the open meeting law. | True |
| Sunshine Law: True or False? The sunshine law means that all meetings of zoning boards, planning boards, and local zoning authorities are open to the public. | True |
| Sunshine Law: True or False? The records of all zoning board, planning board, and local zoning authority meetings are closed to the public. | False |
| Abutting | A term meaning parcels of land that share a common border. |
| Accessory Apartment Use | A mother-in-law suite is an example of this. |
| Accessory Use | A use incidental to the main purpose of a property. |
| Doctrine of Laches | Legal loss of a right with the thought that "if you don't use it, you lose it." |
| Family (Defined by law) | It can mean one or more persons living as a single housekeeping unit. |
| Home Occupation | An owner of a small business using the owner's residential property to conduct business. |
| Lead Agency | Organization that oversees the entire environmental impact evaluation. |
| Restrictive Covenant | A promise between two parties appearing on a deed that specifies what may or may not be done with the real property. |
| Transfer of Development Rights | Program that encourages a shift in growth away from agricultural or environmentally sensitive regions to more appropriate areas. |
| Group Home | A residential facility for five or more adults who have been institutionalized for various reasons and then released. |
| Nonconforming Use | A use that no longer conforms with new or changed zoning; its use is allowed through the concept of grandfathering. |
| Variance | Deviation from the zoning ordinance requirements due to proven hardship to the owner |
| Area Variance | Allows owners to develop a property in a way that’s not normally allowed by the physical or dimensional requirements of the current zoning. |
| Use Variance | Permission to use the land for a purpose prohibited by current zoning restrictions |
| Special (Conditional) Use Permit | Allows a property to be used in a way that isn't in accordance with zoning regulations |
| Use or Area Variance? This type of variance allows the owner to use the land for a purpose that would otherwise be prohibited by the zoning in place. | Use variance |
| Use or Area Variance? Without the aid of this variance, the property owner would lose the economic benefit or use of the property. | Use variance |
| Use or Area Variance? This type of variance allows the owner to have an exception to the physical or dimensional requirements of the current zoning. | Area variance |
| Special Use Permits: True or False? A special use permit requires a public hearing. | True |
| Special Use Permits: True or False? To obtain a special use permit, a property owner must demonstrate hardship due to the current zoning restrictions. | False |
| Special Use Permits: True or False? A special use permit is also known as a use variance. | False |
| Special Use Permits: True or False? The zoning board of appeals will usually grant a special use permit if the proposed use is in harmony with local zoning ordinances and laws. | True |
| Variance or Special Use Permit? The property owner wishes to build a property that’s expressly listed in the zoning ordinance as allowed under certain conditions. | Special use permit |
| Variance or Special Use Permit? The property owner has to prove that the current zoning restrictions are causing the owner unnecessary hardship. | Variance |
| Variance or Special Use Permit? The property owner must show that the hardship that is being claimed is not self-inflicted. | Variance |
| Variance or Special Use Permit? The permit requested is for a type of property the zoning board has already determined could be beneficial to the community. | Special use permit |
| U.S. Army Corps of Engineers | Oversees navigation and water supply |
| Environmental Protection Agency (EPA) | Directs wetland protection at the chemical, physical, and biological levels |
| U.S. Fish and Wildlife Service | Manages fish and wildlife game species and threatened and endangered species |
| National Oceanic and Atmospheric Administration (NOAA) | Protects the nation’s coastal resources |
| Natural Resources Conservation Service (NRCS) | Manages wetlands impacted by agricultural activities |
| Floodplain (Flood Zone) | Lowland and flat areas adjoining inland and coastal waters, including flood-prone areas on offshore islands; subject to at least a 1% chance of flooding in a given year |
| Floodplain Facts: True or False? Unlike wetlands, floodplains are not beneficial. | False |
| Floodplain Facts: True or False? Floodplains store floodwaters, prevent erosion, and maintain water quality. | True |
| Floodplain Facts: True or False? Floodplains provide wildlife habitats and recreation. | True |
| Floodplain Regulations: T/F? Mark wants to build a house on his property, and he would like to get as close to the water as possible, which means he would be building in the floodway. This can be done with the proper permits. | False |
| Floodplain Regulations: T/F? Sam and Amy own a lake home. They would like to construct a small storage shed in the floodway to store their boat and fishing equipment. This can be done with the proper permits. | False |
| Floodplain Regulations: T/F? From its beautiful lakeside location, Wild Adventures rents boats and jet skis, and provides wilderness experiences. It isn’t allowed to store its boats or extra gasoline in the floodway. | True |
| Coastal Zone Management Act of 1972 (CZMA) | Created to “preserve, protect, develop, and where possible, to restore or enhance the resources in certain coastal areas" |
| Rivers and Harbors Act | Prohibits discharging refuse into, altering the course of, excavating, filling or changing the condition or capacity of certain bodies of water |
| Environmental Impact Statement (EIS) | A document the developer prepares that describes the action that may impact the environment |
| Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) | Identifies sites that have hazardous substances and require clean-up by the responsible party. |
| Superfund Amendments and Reauthorization Act (SARA) | Removes clean-up responsibilities from homeowners if contamination occurred prior to their ownership and due diligence was performed. Amended CERCLA in 1986. |
| CERCLA Liability for Hazardous Waste Release: T/F? Under CERCLA, landowners can be held responsible for the clean-up costs of hazardous waste, even if they did not cause the waste. | True |
| CERCLA Liability: T/F? Liability for contamination always lies solely with owner of hazardous waste site. Operators, generators of hazardous substance, and those who arranged for disposal of hazardous substance are not held accountable. | False |
| CERCLA Liability for Hazardous Waste Release: T/F? There are three levels of liability under CERCLA: strict, joint and several, and retroactive. | True |
| Types of CERCLA Liability: Strict liability | The owner is solely responsible. |
| Types of CERCLA Liability: Joint and several liability | Each of the responsible parties is personally responsible for the total damages. |
| Types of CERCLA Liability: Retroactive | Both current and previous owners are liable. |
| SARA Changes and Additions: T/F? Decreased state involvement in every phase of the program. | False |
| SARA Changes and Additions: T/F? Encouraged greater citizen participation in decision making regarding clean-up. | True |
| SARA Changes and Additions: T/F? Required the EPA to revise its hazardous ranking system to ensure that it accurately assessed risk levels for human health and the environment for placement on the national priorities list. | True |
| Innocent Landowner Immunity Status? The pollution was caused by a third party. | Yes |
| Innocent Landowner Immunity Status? The landowner performed due diligence when the property was purchased to ensure that no contamination was present. | Yes |
| Innocent Landowner Immunity Status? The landowner took no precautions to prevent possible contamination. | No |
| Resource Conservation and Recovery Act | Provides authority for the EPA to control all phases of hazardous waste: generation, transportation, storage, treatment, and disposal. |
| Clean Water Act | Provides regulation of pollutants such as oil and other hazardous substances discharged into U.S. waters. It also establishes quality standards for surface waters. |
| Clean Air Act | Created in 1970 to authorize the Environmental Protection Agency (EPA) to establish air quality standards for the protection of human health and the environment. |
| Toxic Substances Controls Act | Administered by the EPA and regulates chemical substances that pose an unreasonable risk of injury to health and the environment. |
| Clean Air Act Regulations: True or False? The EPA established new regulations that impacted the use, manufacture, and disposal of certain appliances used for residential and commercial air conditioning, refrigeration, and cooling purposes. | True |
| Clean Air Act Regulations: True or False? The EPA mandated that refrigerant, 410A (commonly known under the brand name Puron®) be replaced by the refrigerant R-22 (commonly known as Freon®). | False |
| Clean Air Act Regulations: True or False? Because of new regulations for cooling appliances, homeowners who have home warranty plans may not be able to have their older air conditioners repaired under their plans. | True |
| Clean Air Act Regulations: True or False? If you represent a client who’s considering purchasing a home warranty plan that encompasses a pre-2010 cooling appliance or system, advise your client to ask how its repair would be addressed under the plan. | True |
| Clean Air Act Regulations: True or False? To qualify for a home warranty plan, homeowners must buy appliances mandated by the Clean Air Act. | False |
| Clean Water Act: True or False? Regulates pollutants and other hazardous substances released into U.S. waters | True |
| Clean Water Act: True or False? Establishes quality standards for surface waters | True |
| Clean Water Act: True or False? Authorizes the EPA to control all phases of hazardous waste | False |
| Clean Water Act: True or False? Regulates chemical substances that pose an unreasonable risk of injury to health and the environment | False |
| Clean Water Act: True or False? Makes it illegal to dump pollutants from a point source into navigable waters without a permit | True |
| Toxic Substances Control Act: True or False? The Toxic Substances Control Act regulates chemical substances that cause an unreasonable risk of injury to health and the environment. | True |
| Dealing with Radon: Can action be taken? Buy a radon detection kit and test the home. | Action Can Be Taken |
| Dealing with Radon: Can action be taken? Hire a professional to test for the presence of radon. | Action Can Be Taken |
| Dealing with Radon: Can action be taken? Seal any cracks or spaces in concrete slab, foundation walls, and chimney. | Action Can Be Taken |
| Dealing with Radon: Can action be taken? Install a system to vent and filter radon out of the home. | Action Can Be Taken |
| Dealing with Radon: Can action be taken? Replace any pre-1978 materials used in the construction of the home. | Action Doesn't Help |
| Brownfields | These are abandoned sites, many of which are suspected of containing hazardous waste or contaminants. |
| CO2 | This is the most common greenhouse gas, a common source of which is the burning of fossil fuels. |
| Chlorofluorocarbons (CFCs) | These are commonly used in aerosol sprays, refrigerants and solvents and are bad for the ozone. |
| Formaldehyde | Indoor sources of this flammable gas include wood floor finishes, pressed-wood, wallpaper, and paint. |
| PCBs | Humans are exposed to these by eating contaminated fish and animals. |
| Underground storage tanks | Used to store fuel and other hazardous substances, these can leak and contaminate groundwater. |
| License | The temporary right to use another's property |
| Police power, eminent domain, taxation, and escheat | Government powers that affect real estate ownership |
| Planning board 1 | Prepares and amends the master plan for the community, and implements that plan through site plan and subdivision ordinances and recommendations to other agencies |
| Planning board 2 | Investigates, maps, reports and makes recommendations relating to planning and development of the municipality, and recommends amendments to the zoning ordinance or map |
| Zoning | Local rules that divide a city or community into different areas and dictate how the land in each area can be used |
| Buffer Zone | A strip of land used to separate land dedicated to one use from land of another use (for instance, residential from commercial). Often, the buffer zone is a green space or other dedicated land, such as a park. |
| Types of special land use zoning | Incentive zoning, bulk zoning, and aesthetic zoning |
| Lead-based paint | A health hazard concern for properties built before 1978; requires buyer disclosures |
| Asbestos | A naturally occurring mineral once used in manufacturing of household items such as insulation, now banned due to health hazards (e.g., lung cancer) |
| Mold | An organism that grows through moisture and lack of air circulation; at high levels, can cause adverse health issue |
| Radon | A gas that arises from the earth where radioactive materials are present that is easily mitigated; some areas of the country have dangerous radon levels, which can be detected by household kits |
| UFFI | An insulating foam that can release harmful formaldehyde |
| VOC | Volatile organic compounds; chemicals present in some household items, e.g., air fresheners; can harm indoor air quality |
| Certificate of Occupancy | A document issued after satisfactory final inspection allowing a building to inhabited |
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