Land Use, Zoning, and Environmental Issues
Zoning and Land Use Controls
Understand police power and how zoning regulates use, density, height, and setbacks. Know the tools: comprehensive plans, zoning ordinances, variances, conditional use permits, nonconforming uses, and subdivisions. Learn about deed restrictions and CC&Rs, which are private controls that can be stricter than zoning. Understand the subdivision process and disclosure duties related to land use.
Environmental and Disclosure Issues
Know the major environmental concerns: lead-based paint (pre-1978 disclosure), asbestos, radon, mold, underground storage tanks, and contaminated soil. Understand the duty to disclose known material environmental conditions and the limits of a licensee's expertise. Know the concept of stigmatized property and how Arizona practice treats disclosure of facts that may affect value.
Traps
Common traps: confusing a variance (hardship) with a conditional use permit (allowed use with conditions); assuming a nonconforming use can be expanded freely; and believing a licensee must test for environmental hazards rather than disclose known facts. Another trap is forgetting that CC&Rs may prohibit what zoning allows.
Worked Example
A buyer asks whether a neighboring parcel can be subdivided. Rule of thumb: zoning sets the minimum standards, but the subdivision also requires compliance with the comprehensive plan, platting requirements, and any CC&Rs; advise the buyer to verify with the local planning department rather than guess.