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Chapter 25: Land-Use Control

Based on the principle of use separation: some land uses are incompatible with others and should not be permitted in the same area

Divides land into zones (districts) and within each zone regulate the purpose for which buildings may be constructed, height and bulk of the buildings, area of the lot that they may occupy, & number of persons that they can accommodate.© OnCourse Learning

ZONING

Regulates the purpose for which buildings may be constructed along with its height and bulk.

Establish lot area requirements.Number of parking spaces.Number of persons.

ZONING LAWS

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R – ResidentialC – Commercial I – IndustrialA – AgricultureM- Manufacturing

COMMON ZONING SYMBOLS

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Land-use restrictionsEnforcementNonconforming useAmendmentVarianceConditional-use permitSpot zoning

LAND-USE RESTRICTIONS

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DownzoningTakingBuffer zoneLegality & Value

LAND-USE RESTRICTIONS

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Before a building lot can be sold, a subdivider must comply with government regulations concerning street construction, curbs, sidewalks, street lighting, fire hydrants, storm and sanitary sewers, grading and compacting of soil, water and utility lines, minimum lot size, and so on.

Subdivider may be required to either set aside land for schools and parks or provide money so that land for that purpose may be purchased nearby

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SUBDIVISION REGULATIONS

Minimum acceptable materials and construction standards needed to protect public health and safety.

Includes standards for structural load and stress, windows & ventilation, size & location of rooms, fire protection, exits, plumbing, heating, lighting, and more!

BUILDING CODES

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Restrictions on land use that a owner places in the deed to control future development.

Also known as restrictive covenants .

DEED RESTRICTIONS

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Used to determine the effect of a proposed project on the total environment.

Includes:Probable impact on area.Adverse environmental effects.Alternatives to proposed project.Listing of irreversible commitment of resources if project is implemented.

ENVIRONMENTAL IMPACT STUDY

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Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

Clean Water Act

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ENVIRONMENTAL LAWS

All Appropriate InquiryProvided innocent landowner defense to CERCLA

Rule defining exactly what constitutes due diligence criteria

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EPA

Key Terms

Building codes Certificate of occupancy Downzoning Environmental impact

statement Land-use control

Master plan Nonconforming use Restrictive covenants Variance Zoning law

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