Land Use Regulations and Environmental Hazards: Real Estate Law and Safety

Zoning

Government regulation of land use (e.g., residential, commercial)

Setback

Minimum distance a structure must be from property lines

Variance

Permission to deviate from zoning law due to hardship

Conditional Use Permit

Special permission for a use not normally allowed in a zone

Nonconforming Use

Legal use established before zoning laws changed

Downzoning

Changing zoning to a less intensive use (e.g., commercial to residential)

Spot Zoning

Zoning change for one parcel that differs from surrounding area

Deed Restriction

Private control limiting property use, often by developers

CC&Rs

Covenants, Conditions, and Restrictions set by HOAs

Building Code

Regulations ensuring safe construction practices

Subdivision Regulations

Public control over how land is divided and developed

EPA

Environmental Protection Agency; enforces federal environmental laws

CERCLA

Federal law for cleanup of hazardous waste sites (Superfund)

Lead-Based Paint

Must be disclosed in homes built before 1978

Radon

Radioactive gas; mitigation often needed in Illinois

Asbestos

Hazardous material found in older insulation; must be removed carefully

Mold

Fungi that can grow in damp buildings; disclosure required if known

Underground Storage Tanks

Can leak and contaminate groundwater