{"id":2826,"date":"2021-11-29T13:00:55","date_gmt":"2021-11-29T21:00:55","guid":{"rendered":"https:\/\/usezloan.com\/?p=2826"},"modified":"2021-11-29T13:01:09","modified_gmt":"2021-11-29T21:01:09","slug":"2826","status":"publish","type":"post","link":"https:\/\/usezloan.com\/index.php\/2021\/11\/29\/2826\/","title":{"rendered":"\ubd80\ub3d9\uc0b0 \uc9c0\uc2dd 24-Land Use Planning And Control-2.Public Land Use Control"},"content":{"rendered":"

<\/h3>\n

\ubd80\ub3d9\uc0b0 \uc9c0\uc2dd 24-Land Use Planning And Control-2.Public Land Use Control<\/span><\/span><\/span><\/strong><\/h3>\n

1.Real Estate Planning<\/span>
\n2.Public Land Use Control<\/span>
\n3.Private Land Use Control<\/span>
\n4.Environmental Controls<\/span><\/p>\n

PUBLIC LAND USE CONTROL<\/span>
\nZoning
\nZoning administration
\nSubdivision regulation
\nBuilding codes
\nPublic acquisition and ownership
\nEnvironmental restrictions<\/p>\n

 <\/p>\n

At the state level, the legislature enacts laws that control and restrict land use,
\nparticularly from the environmental perspective. At the local level, county and
\ncity governments control land use through the authority known as police
\npower. The most common expressions of police power are county and
\nmunicipal zoning. Other examples of public land use control are:<\/p>\n

\uf034 subdivision regulations
\n\uf034 building codes
\n\uf034 eminent domain
\n\uf034 environmental restrictions
\n\uf034 development requirements
\nGovernments also have the right to own real property for public use and welfare.
\nIn exercising its ownership rights, a municipality may annex property adjacent
\nto its existing property or purchase other tracts of land through conventional
\ntransfers. Where necessary, it may force property owners to sell their property
\nthrough the power of eminent domain.<\/p>\n

Zoning Zoning is the primary tool by which cities and counties regulate land use and
\nimplement their respective master plans. The Constitution grants the states the
\nlegal authority to regulate, and the states delegate the authority to counties and
\nmunicipalities through legislation called enabling acts.
\nThe zoning ordinance. The vehicle for zoning a city or county is the zoning
\nordinance, a regulation enacted by the local government. The intent of zoning
\nordinances is to specify land usage for every parcel within the jurisdiction. In
\nsome areas, state laws permit zoning ordinances to apply to areas immediately
\nbeyond the legal boundaries of the city or county.
\nZoning ordinances implement the master plan by regulating density, land
\nuse intensity, aesthetics, and highest and best use. Ordinances typically
\naddress:
\n\uf034 the nature of land use– office, commercial, residential, etc.
\n\uf034 size and configuration of a building site, including setbacks,
\nsidewalk requirements, parking requirements, and access
\n\uf034 site development procedures
\n\uf034 construction and design methods and materials, including
\nheight restrictions, building-to-site area ratios, and
\narchitectural styles
\n\uf034 use of space within the building
\n\uf034 signage
\nOrdinance validity. Local planners do not have unlimited authority to do
\nwhatever they want. Their zoning ordinances must be clear in import, apply to
\nall parties equally, and promote health, safety, and welfare of the community in
\na reasonable manner.
\nBuilding permits. Local governments enforce zoning ordinances by issuing
\nbuilding permits to those who want to improve, repair, or refurbish a property.
\nTo receive a permit, the project must comply with all relevant ordinances and
\ncodes. Further zoning enforcement is achieved through periodic inspections.
\nTypes of zones. One of the primary applications of zoning power is the
\nseparation of residential properties from commercial and industrial uses. Proper
\ndesign of land use in this manner preserves the aesthetics and value of
\nneighborhoods and promotes the success of commercial enterprises through
\nintelligently located zones.
\nChapter 8: Land Use Planning and Control 105
\nSix common types of zone are
\n\uf034 residential
\n\uf034 commercial
\n\uf034 industrial
\n\uf034 agricultural
\n\uf034 public
\n\uf034 planned unit development (PUD)
\nResidential. Residential zoning restricts land use to private, non-commercial
\ndwellings. Sub-zones in this category further stipulate the types of residences
\nallowed, whether single-family, multi-unit complexes, condominiums, publicly
\nsubsidized housing, or other form of housing.
\nResidential zoning regulates:
\n\uf034 density, by limiting the number and size of dwelling units and lots
\nin an area
\n\uf034 values and aesthetics, by limiting the type of residences allowed.
\nSome areas adopt buffer zones to separate residential areas from
\ncommercial and industrial zones.
\nCommercial. Commercial zoning regulates the location of office and retail land
\nusage. Some commercial zones allow combinations of office and retail uses on a
\nsingle site. Sub-zones in this category may limit the type of retail or office
\nactivity permitted, for example, a department store versus a strip center.
\nCommercial zoning regulates:
\n\uf034 intensity of usage, by limiting the area of store or office per site
\narea. Intensity regulation is further achieved by minimum parking
\nrequirements, setbacks, and building height restrictions.
\nIndustrial. Industrial zoning regulates:
\n\uf034 intensity of usage
\n\uf034 type of industrial activity
\n\uf034 environmental consequences
\nA municipality may not allow some industrial zones, such as heavy industrial, at
\nall. The industrial park is a relatively recent concept in industrial zoning.
\nAgricultural. Agricultural zoning restricts land use to farming, ranching, and
\nother agricultural enterprises.
\nPublic. Public zoning restricts land use to public services and recreation. Parks,
\npost offices, government buildings, schools, and libraries are examples of uses
\nallowed in a public zone.
\nPlanned Unit Development (PUD). planned unit development zoning restricts
\nuse to development of whole tracts that are designed to use space efficiently and
\n106 Principles of Real Estate Practice
\nmaximize open space. A PUD zone may be for residential, commercial, or
\nindustrial uses, or combinations thereof.
\nZoning
\nadministration Zoning Board of Adjustment. A county or local board, usually called the
\nzoning board of adjustment or zoning appeals board, administers zoning
\nordinances. The board rules on interpretations of zoning ordinances as they apply
\nto specific land use cases presented by property owners in the jurisdiction. In
\neffect, the zoning board is a court of appeals for owners and developers who
\ndesire to use land in a manner that is not entirely consistent with existing
\nordinances.
\nThe board conducts hearings of specific cases and renders official
\ndecisions regarding the land use based on evidence presented.
\nA zoning board generally deals with such issues and appeals as:
\n\uf034 nonconforming use
\n\uf034 variance
\n\uf034 special exception or
\nconditional use permit
\n\uf034 zoning amendment
\nIf the board rejects an appeal, the party may appeal the ruling further in a court
\nof law.<\/p>\n

Nonconforming use. A nonconforming use is one that clearly differs from
\ncurrent zoning. Usually, nonconforming uses result when a zoning change
\nleaves existing properties in violation of the new ordinance. This type of
\nnonconforming use is a legal nonconforming use. A board usually treats this
\nkind of situation by allowing it to continue either
\nZoning Board
\nof
\nAdjustment
\nVariance
\n–hardship
\nAmendment
\n–change
\nzone
\nSpecial
\nexception
\n–public good
\nNonconforming
\nuse
\n–legal
\n–illegal
\nChapter 8: Land Use Planning and Control 107
\n\uf034 indefinitely
\n\uf034 until the structures are torn down
\n\uf034 only while the same use continues, or
\n\uf034 until the property is sold
\nFor instance, a motel is situated in a residential area that no longer allows
\ncommercial activity. The zoning board rules that the motel may continue to
\noperate until it is sold, destroyed or used for any other commercial purpose.
\nAn illegal nonconforming use is one that conflicts with ordinances that
\nwere in place before the use commenced. For instance, if the motel in the
\nprevious example is sold, and the new owner continues to operate the
\nproperty as a motel, the motel is now an illegal, nonconforming use.
\nVariance. A zoning variance allows a use that differs from the applicable
\nordinance for a variety of justifiable reasons, including that:
\n\uf034 compliance will cause unreasonable hardship
\n\uf034 the use will not change the essential character of the area
\n\uf034 the use does not conflict with the general intent of the ordinance
\nFor example, an owner mistakenly violates a setback requirement by two feet.
\nHis house is already constructed, and complying with the full setback now
\nwould be extremely expensive, if not impossible. The zoning board grants a
\nvariance on the grounds that compliance would cause an unreasonable hardship.
\nA grant of a zoning variance may be unconditional, or it may require
\nconditions to be fulfilled, such as removing the violation after a certain time.
\nSpecial exception. A special exception grant authorizes a use that is not
\nconsistent with the zoning ordinance in a literal sense, yet is clearly beneficial
\nor essential to the public welfare and does not materially impair other uses in
\nthe zone.
\nA possible example is an old house in a residential zone adjacent to a retail
\nzone. The zoning board might grant a special exception to a local group that
\nproposes to renovate the house and convert it to a local museum, which is a
\nretail use, since the community stands to benefit from the museum.
\nAmendment. A current or potential property owner may petition the zoning
\nboard for an outright change in the zoning of a particular property. For example,
\na property zoned for agricultural use has been idle for years. A major employer
\ndesires to develop the property for a local distribution facility, which would
\ncreate numerous jobs, and petitions for an amendment. The board changes the
\nzoning from agricultural to light industrial to permit the development. Since a
\nchange in zoning can have significant economic and social impact, an appeal for
\nan amendment is a difficult process that often involves public hearings.
\nSubdivision
\nregulation In addition to complying with zoning ordinances, a developer of multiple
\nproperties in a subdivision must meet requirements for subdivisions.
\n108 Principles of Real Estate Practice
\nSubdivision plat approval. The developer submits a plat of subdivision
\ncontaining surveyed plat maps and comprehensive building specifications. The
\nplat, as a minimum, shows that the plan complies with local zoning and building
\nordinances. The project can commence only after the relevant authority has
\napproved the plat.
\nSubdivision requirements typically regulate:
\n\uf034 location, grading, alignment, surfacing, street width, highways
\n\uf034 sewers and water mains
\n\uf034 lot and block dimensions
\n\uf034 building and setback lines
\n\uf034 public use dedications
\n\uf034 utility easements
\n\uf034 ground percolation
\n\uf034 environmental impact report
\n\uf034 zoned density
\nConcurrency. Many states have adopted policies that require developers,
\nespecially of subdivisions, to take responsibility for the impact of their projects
\non the local infrastructure by taking corrective action. Concurrency is a policy
\nthat requires the developer to make accommodations concurrently with the
\ndevelopment of the project itself, not afterwards. For example, if a project will
\ncreate a traffic overload in an area, the developer may have to widen the road
\nwhile constructing the project.
\nFHA requirements. In addition to local regulation, subdivisions must meet
\nFHA (Federal Housing Authority) requirements to qualify for FHA financing
\ninsurance. The FHA sets standards similar to local ordinances to ensure an
\nadequate level of construction quality, aesthetics, and infrastructure services.
\nBuilding codes Building codes allow the county and municipality to protect the public against
\nthe hazards of unregulated construction. Building codes establish standards for
\nvirtually every aspect of a construction project, including offsite improvements
\nsuch as streets, curbs, gutters, drainage systems, and onsite improvements such
\nas the building itself.
\nBuilding codes typically address:
\n\uf034 architectural and engineering standards
\n\uf034 construction materials standards
\n\uf034 building support systems such as life safety, electrical,
\nmechanical, and utility systems
\nCertificate of occupancy. Building inspectors inspect a new development or
\nimprovement for code compliance. If the work complies, the municipality or
\ncounty issues a certificate of occupancy which officially clears the property for
\noccupation and use.
\nPublic acquisition
\nand ownership If efforts to regulate privately owned property are inadequate or impractical
\nin a particular situation, or if there is a compelling public need, a county or
\nlocal government may acquire property by means of direct purchase.
\nChapter 8: Land Use Planning and Control 109
\nA government body might acquire land because of the public need for:
\n\uf034 thoroughfares and public rights-of-way
\n\uf034 recreational facilities
\n\uf034 schools
\n\uf034 essential public facilities
\n\uf034 urban renewal or redevelopment
\nIn many cases, public acquisition of property is a voluntary transaction between
\nthe government entity and the private owner. However, if the private party is
\nunwilling to sell, the government may purchase the property anyway. The power
\nto do this is called eminent domain.
\nEminent domain. Eminent domain allows a government entity to purchase a
\nfee, leasehold, or easement interest in privately owned real property for the
\npublic good and for public use, regardless of the owner’s desire to sell or
\notherwise transfer any interest. In exchange for the interest, the government must
\npay the owner “just compensation.”
\nTo acquire a property, the public entity initiates a condemnation suit. Transfer of
\ntitle extinguishes all existing leases, liens, and other encumbrances on the
\nproperty. Tenants affected by the condemnation sale may or may not receive
\ncompensation, depending on the terms of their agreement with the landlord.
\nPublic entities that have the power of eminent domain include:
\n\uf034 all levels of government
\n\uf034 public districts (schools, etc.)
\n\uf034 public utilities
\n\uf034 public service corporations (power companies, etc.)
\n\uf034 public housing and redevelopment agencies
\n\uf034 other government agencies
\nTo acquire a property, the public entity must first adopt a formal resolution to
\nacquire the property, variously called a \u201cresolution of necessity.\u201d The resolution
\nmust be adopted at a formal hearing where the owner may voice an opinion.
\nOnce adopted, the government agency may commence a condemnation suit in
\ncourt. Subsequently, the property is purchased and the title is transferred in
\nexchange for just compensation. Transfer of title extinguishes all existing leases,
\nliens, and other encumbrances on the property. Tenants affected by the
\ncondemnation sale may or may not receive compensation, depending on the
\nterms of their agreement with the landlord.
\nIn order to proceed with condemnation, the government agency must demonstrate
\nthat the project is necessary, the property is necessary for the project, and that the
\nlocation offers the greatest public benefit with the least detriment.
\nAs an eminent domain proceeding is generally an involuntary acquisition, the
\ncondemnation proceeding must accord with due process of law to ensure that it
\ndoes not violate individual property rights. Further, the public entity must justify
\nits use of eminent domain in court by demonstrating the validity of the intended
\npublic use and the resulting \u201cpublic good\u201d or \u201cpublic purpose\u201d ultimately served.
\n110 Principles of Real Estate Practice
\nThe issue of eminent domain versus individual property rights has recently come
\nunder scrutiny in light of a 2005 Supreme Court ruling that affirmed the rights of
\nstate and local governments to use the power of eminent domain for urban redevelopment and revitalization. The ruling allowed that private parties could
\nundertake a project for profit without any public guarantee that the project would
\nbe satisfactorily completed. The ruling brought the issue of \u201cpublic use\u201d into
\nquestion, as the use of the re-development could well be private and even a
\nprivate for-profit enterprise. The winning argument was that the \u201cpublic purpose\u201d
\nis served when redevelopment creates much needed jobs in a depressed urban
\narea. As a result of this decision, many see the power of eminent domain and the
\ndefinition of public good as being in conflict with the constitutional rights of
\nprivate property ownership. New and different interpretations of the public\u2019s
\nright to pre-empt private property ownership by eminent domain may be
\nexpected.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

\ubd80\ub3d9\uc0b0 \uc9c0\uc2dd 24-Land Use Planning And Control-2.Public Land Use Control 1.Real Estate Planning 2.Public Land Use Control 3.Private Land Use Control 4.Environmental Controls PUBLIC LAND USE CONTROL Zoning Zoning administration Subdivision regulation Building codes Public acquisition and ownership Environmental restrictions   At the state level, the legislature enacts laws that control and restrict land use, […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-2826","post","type-post","status-publish","format-standard","hentry","category-real-estate"],"_links":{"self":[{"href":"https:\/\/usezloan.com\/index.php\/wp-json\/wp\/v2\/posts\/2826","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/usezloan.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/usezloan.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/usezloan.com\/index.php\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/usezloan.com\/index.php\/wp-json\/wp\/v2\/comments?post=2826"}],"version-history":[{"count":2,"href":"https:\/\/usezloan.com\/index.php\/wp-json\/wp\/v2\/posts\/2826\/revisions"}],"predecessor-version":[{"id":2828,"href":"https:\/\/usezloan.com\/index.php\/wp-json\/wp\/v2\/posts\/2826\/revisions\/2828"}],"wp:attachment":[{"href":"https:\/\/usezloan.com\/index.php\/wp-json\/wp\/v2\/media?parent=2826"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/usezloan.com\/index.php\/wp-json\/wp\/v2\/categories?post=2826"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/usezloan.com\/index.php\/wp-json\/wp\/v2\/tags?post=2826"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}