Chapter 6 · National foundations
Public and Private Land-Use Controls
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Four government powers
The mnemonic PETE identifies Police power Government authority regulating matters such as health, safety, and welfare, subject to legal limits. See Chapter 6. Glossary, Eminent domain Government power to acquire private property for public use with required legal protections and compensation. See Chapter 6. Glossary, taxation, and Escheat Property passing to the state when succession law provides no entitled private successor. See Chapter 6. Glossary. These are different legal mechanisms, not four forms of government ownership. S01 S05
Police power permits regulation for public health, safety, welfare, and related lawful purposes. Zoning Public regulation of land use and development under authorized governmental powers. See Chapter 6. Glossary, building codes, and many environmental rules are examples. A legitimate regulation does not ordinarily require compensation merely because it reduces value, but some governmental action may amount to a compensable taking.
Eminent domain is the power to take private property for public use, subject to constitutional and statutory requirements including just compensation. Condemnation The legal process used to exercise eminent domain. See Chapter 6. Glossary is the legal process used to exercise the power. Inverse condemnation is a property owner's claim that government action has effected a taking without proper compensation proceedings.
Taxation supports public functions through authorized taxes and Assessment A valuation or charge under a tax or improvement system; context determines meaning. See Chapter 20. Glossary. Escheat concerns property passing to the state when an owner dies without a valid disposition or legally entitled heirs under applicable law. Escheat is not a synonym for tax Foreclosure Enforcement of a security interest through authorized sale or legal process. See Chapter 7. Glossary.
Planning, zoning, and building codes
A comprehensive or general plan states longer-term development policies. A Zoning Public regulation of land use and development under authorized governmental powers. See Chapter 6. Glossary ordinance implements land-use rules such as permitted uses, density, height, setbacks, lot coverage, and parking requirements. Building codes address construction and safety. A zoning approval is not a building permit, and a building permit does not necessarily authorize occupancy. S53
A setback is a required distance between an improvement and a specified boundary or feature. Density concerns units per area. Lot coverage measures the portion of a lot covered under the local definition. A buffer separates potentially incompatible uses. An overlay district adds rules to underlying zoning.
Example. A lot contains 20,000 square feet and permits 30% building coverage. The simple coverage limit is 6,000 square feet. That does not prove a 6,000-square-foot building can be constructed: setbacks, height, drainage, parking, and other requirements still apply.
Variances, special uses, and nonconforming uses
A Variance Authorized relief from a zoning requirement upon satisfaction of legal criteria. See Chapter 6. Glossary authorizes relief from a particular Zoning Public regulation of land use and development under authorized governmental powers. See Chapter 6. Glossary requirement under legally defined standards, often because strict application creates a qualifying property-specific hardship. It is not a general License In property use, permission distinct from an estate; in professional regulation, authorization to practice. See Chapter 5, Chapter 19. Glossary to ignore zoning or a guaranteed right whenever development would be more profitable.
A special exception, conditional use, or special-use permit authorizes a use contemplated by the ordinance if specified conditions are satisfied. Local terminology differs. Do not assume a permitted conditional use requires a complete rezoning.
A legal Nonconforming use A use not conforming to current zoning; lawful continuation depends on its status and governing rules. See Chapter 6. Glossary was lawful when established but no longer conforms after a rule change. Continuation, expansion, abandonment, and reconstruction rights depend on local law. It is not automatically an illegal use, and it is not necessarily protected forever. S53
Rezoning changes the classification. Spot zoning refers to singling out a small area for different treatment and may be challenged depending on the circumstances and law; the label alone does not decide legality.
Subdivision and development
Subdivision regulation can require approval of plats, street layouts, utilities, drainage, open space, and public improvements. Dedication offers land or an interest for public use, subject to applicable Acceptance Assent to an offer in the required manner without a material change that creates a counteroffer. See Chapter 10. Glossary rules. An exaction is a condition imposed in connection with development approval and is subject to legal limits.
The agent's task is to distinguish present approval from a future possibility. “The owner believes the lot can be split” is not evidence of an approved subdivision. Verify utilities, access, development status, and governmental requirements with the responsible authorities. S53
Private restrictions and associations
Deed An instrument used to convey an interest in real estate. See Chapter 7. Glossary restrictions, restrictive covenants, and recorded declarations can limit use independently of Zoning Public regulation of land use and development under authorized governmental powers. See Chapter 6. Glossary. CC&Rs Covenants, conditions, and restrictions affecting property use and obligations. See Chapter 6. Glossary means covenants, conditions, and restrictions. An association may enforce authorized rules and Assessment A valuation or charge under a tax or improvement system; context determines meaning. See Chapter 20. Glossary under governing documents and law.
When two valid restrictions apply, satisfying the more permissive one does not excuse violating the stricter one. A city may allow a fence that the recorded declaration prohibits. However, discriminatory or otherwise unlawful restrictions are not made enforceable merely because they appear in an old deed. S05 S17
Investigate association budgets, reserves, litigation, Special assessment A charge associated with a specified public improvement or benefit under law. See Chapter 20. Glossary, maintenance responsibilities, transfer procedures, rental restrictions, and insurance. Read the Colorado association-document provisions and transaction selections in Chapters 25 and 28; obtain specialized advice for the applicable community and statute.
Environmental regulation as a land-use issue
Wetland restrictions, floodplain rules, hazardous-material conditions, and water-quality requirements can affect development even when Zoning Public regulation of land use and development under authorized governmental powers. See Chapter 6. Glossary permits the intended use. An environmental impact statement associated with governmental review is not the same as a private Phase I site Assessment A valuation or charge under a tax or improvement system; context determines meaning. See Chapter 20. Glossary. One evaluates a proposed action under the applicable review system; the other investigates environmental conditions and potential liability. S25 S53
A building predates a zoning change and was lawful when built. Before calling it illegal, investigate whether it has protected nonconforming status and what limits apply.