Assessment Flashcards
most subdivisions are laid out by use of ___ and ___
lots and blocks
the device by which local governments establish development goals
comprehensive plan
document issued by a building inspector after a newly constructed building is found satisfactory
certificate of occupancy
local laws that implement a comprehensive plan and regulate the control of land and structures within districts
zoning ordinances
the legal means by which states confer zoning powers on local government
enabling acts
areas such as parks used to screen residential from nonresidential areas
buffer zones
use of a relatively small amount of initial capital to finance the purchase of real estate
leverage
specifying certain types of architecture for new buildings
aesthetic zoning
a lot of improvement that is not in harmony with current zoning because it existed prior to the enactment or amendment of the zoning
nonconforming use
the device by which a day care center might be permitted to operate in a residential neighborhood
conditional use permit
a form of permitted use, despite being prohibited by zoning, that is granted to an owner because of unique hardship caused by the regulation
variance
an item that a property owner must obtain from municipal officials before constructing a new building
building permit
a person who buys undeveloped acreage and divides it into smaller lots for sale to others
subdivider
an individual who constructs improvements and sells them
developer
what homeowners and investors who own real estate hope to benefit from in the future
appreciation
ordinances that restrict the average maximum number of houses per acre
density zoning
standards for building style, setbacks, and use that are included in a deed for property in a subdivision
restrictive covenants
ordinances that specify construction and safety standards for construction
building codes
a developer where land is set aside for mixed use properties, such as residential, commercial, and public areas
planned unit developments (PUD)
law that requires developers to file statements with HUD before the developer can market unimproved lots interstate
Interstate Land Sales Full disclosure Act (ILSA)
ensuring that certain uses are incorporated into developments
incentive zoning
land is partitioned according to its use into ___
zones
zoning laws that specify certain types of architecture for all new construction
aesthetic zoning ordinances
along with an application for subdivision approval, a developer often must submit a(n) ___ to explain what effect the proposed development will have on the surrounding area
Environmental Impact report
private rules established by a developer for all parcels within the defined subdivision
covenants, conditions, and restrictions (CC&Rs)
the federal government passed the ___ to help prevent fraudulent marketing schemes when land is sold without being seen by purchasers
Interstate Land Sales Full Disclosure Act
A(n) ___ permits a prohibited land use to avoid undue hardship
variance
a developer must keep the average number of units in the development at or below the maximum number per acre, which is called the ___
gross density
A(n) ___ allows a noncomforming but related land use
conditional-use permit (CUP)
taking previously undeveloped acreage and splitting it into smaller lots for sale
subdivision
zoning laws that control overcrowding by requiring setbacks or limiting building heights
bulk zoning ordinances
a(n) ___ creates the broad, general framework for a community, and ___ define the details and implement the plan
1) comprehensive plan
2) zoning ordinances
___ ensures that certain types of uses are incorporated into developments
incentive zoning
no uniform planning and land development legislation affects the ___.
entire country
one negative aspect of subdivision development is the potential for increased ___.
tax burdens
A(n) ___ provides relief if zoning regulations deprive an owner of the reasonable use of the property
variance
___ are usually required before building permits can be issued.
zoning permits
zoning permits are usually required before ___ can be issued.
building permits
a person who buys undeveloped acreage and divides it into smaller lots for sale to individuals or developers
subdivider
a detailed map that illustrates the geographic boundaries of individual lots in a subdivision
plat
the legal principle that a right may be lost through undue delay or failure to assert it
laches
the average number of residential units per acre in a development
development’s gross density
one way for a real estate investor to acquire a new property without incurring tax on a transferred property is by making use of a(n) ___.
exchange
the ___ requires developers of unimproved property offered in interstate commerce by telephone or through the mail to file a disclosure statement with HUD, with certain exceptions
Interstate Land Sales Full Disclosure Act
the Interstate Land Sales Full Disclosure Act requires developers of unimproved property offered in interstate commerce by telephone or through the mail to file a(n) ___ with ___, with certain exceptions
disclosure statement
HUD
if a local zoning ordinance requires a 30 foot setback for any structure on the property, and a restrictive covenant for the subdivision calls for a 40-foot setback, which would take precedence and why?
the 40-foot set-back would be required because the more restrictive requirement takes precedence
___ may be more restrictive of an owner’s use than the local zoning ordinances.
private land use controls
when it comes to land use controls and zoning ordinances, the most ___ of the two takes precedence
restrictive
one of the basic elements of the ___ of a municipality can be energy conservation to reduce energy consumption and to promote the use of renewable energy sources
comprehensive plan
the difference between the purchase price of property and its net selling price is ___
capital gain
what would be necessary for a day care center to legally operate in a residential zone?
conditional use permit
where would it be most beneficial to locate a new park in a buffer zone?
between residential & industrial zones
if a city’s designates a few blocks as a historic district with restrictions on the type of architecture for new buildings, what type of zoning is this?
Aesthetic zoning
if a house located in commercial zoning was built prior to the city’s zoning ordinance, why is it permitted to continue being used as a residence?
the building would have nonconforming use because it was most likely grandfathered in
A subdivision built in 1980 included covenants, conditions, and restrictions (CC&Rs) in the deeds for all properties. One covenant bans “all outdoor structures designed for the storage of equipment or as habitations for any animals.” In 2008, a resident built a tool shed and a doghouse. The neighbors took no action for 6 years, but in 2014 they decide the shed and doghouse should be destroyed. Do the neighbors have any recourse? Why or why not?
No, under the doctrine of laches, the neighbors probably lost the right to enforce the restriction due to their delay in asserting it
A state delegates zoning powers to a municipality through a(n) ___.
enabling act
the term that refers to how quickly an asset can be converted into cash is ___
liquidity
A(n) ___ is best described as a detailed map that illustrates the geographic boundaries of individual lots
plat map
A city passed a zoning ordinance that prohibits all commercial structures over 30 feet high. A company wants to build an office building that will be 45 feet high. In order to obtain permission for the building, the company may apply for a(n) ___ or ___.
variance or zoning change
The term recovery refers to…
property depreciation
a builder goes all over the country buying large tracts of vacant land, splitting them into smaller parcels, and building identical communities of single family ranch style houses surrounding a central shopping center. The builder sells the homes to residents and leases spaced in the shipping center to merchants. The builder is both a(n) ___ and ___.
Developer and subdivider
___ is defined as a restriction on the average number of houses per acre
density zoning
Before granting a zoning variance, a zoning board of appeals must hold a(n) ___ so that neighbors may ___.
public hearing
voice their opinions
a property’s initial investment in a property (down payment if financed) and its appreciation determine its ___.
equity buildup
a company owns a 2000 acre tract of undeveloped woodland surrounding a scenic lake. the tract has been divided into 106 individual lots, ranging in size from 15 to 100 acres. telemarketers are hired to sell the lots to residents of the state and in 3 states with which it shares a common border. based on these facts, how does the interstate land sales full disclosure act apply to the project?
the company must file a disclosure statement with HUD
one way to avoid immediate taxation on a property transfer is to take part in a(n) ___
exchange
a developer has included a playground and running trails between the commercial properties facing a busy street and the houses further back in the subdivision. the recreational area is considered a(n) ___.
buffer zone
when an area was rezoned as residential, a store was grandfathered in and allowed to continue business. this is an example of a(n) ___.
nonconforming use
a new structure has been completed to the satisfaction of the inspecting city engineer. what documentation must be issued before anyone can move in?
certificate of occupancy
The comprehensive plan is usually ___ term
long
the preparation of a(n) ___ involves surveys, studies, and analyses of housing, demographic, and economic characteristics & trends
comprehensive plan
does not comply with the zoning law because it existed before the enactment or amendment of the zoning ordinance
nonconforming use
hears complaints about the effects a zoning ordinance may have on specific parcels of property
zoning hearing board
local laws that regulate and control the character and use of real property
zoning ordinances
imposing restrictions to control overcrowding
density zoning
permits a landowner to use a property in a manner prohibited by existing zoning
variance
allows a special use of a property
conditional use permit
local laws that implement the comprehensive plan and regulate and control the use of land and structures within designated land use districts
zoning ordinances
zoning ordinances must NOT be ___ and must remain ___ to meet the changing needs of society
not be static
remain flexible
a person who buys undeveloped acreage and divides it into smaller lots for sale to individuals or developers, or for their own use
subdivider
in a subdivision, an area of land is designated as a(n) ___.
block
in a subdivision, a(n) ___ is designated as a block.
area of land
in a subdivision, the area that makes up a block is divided into ___.
lots
in a subdivision, the area that makes up a(n) ___ is divided into lots.
block
limitations to the use of property imposed by a past owner or the current owner and are binding on future grantees
restrictive covenants
US congress created the ___ to facilitate regulation of interstate land sales and to protect consumers from fraud & abuse in the sale or lease of land
Interstate Land Sales Full Disclosure Act
US congress created the Interstate Land Sales Full Disclosure Act to facilitate regulation of ___ and to protect consumers from ___ and ___ in the sale or lease of land
interstate land sales
fraud & abuse
in one city, developers are limited by law to constructing no more than an average of 3 houses per acre in any subdivision. this restriction regulates ___
gross density
the purpose of a building permit is to ensure compliance with ___
municipal regulations
the purpose of a(n) ___ is to ensure compliance with municipal regulations
building permit
a map illustrating the sizes and locations of streets and lots in a subdvision
plat
which of these is NOT a legal deed restriction?
a) types of buildings that may be constructed
b) allowable ethnic origins of purchasers
c) activities that are not to be conducted at the site
d) minimum size of buildings to be constructed
allowable ethnic origins of purchasers
under the federal law designed to protect the public from fraudulent interstate land sales, a developer involved in interstate land sales of ___ or more lots must provide each purchaser with a printed report disclosing details of the property
100
under the federal law designed to protect the public from fraudulent interstate land sales, a developer involved in interstate land sales of 100 or more lots must provide each purchaser with a(n) ___ disclosing ___
printed report disclosing details of the property
a town enacts a new zoning code. under the new code, commercial buildings are not permitted within 1000 ft of the lake. a commercial building that is permitted to continue in its former use even though it is built on the lakeshore is an example of
nonconforming use
zoning powers are conferred on municipal governments by…
state enabling acts
a development where land is set aside for mixed use purposes. such as residential, commercial, and public areas
planned unit development (PUD)
a PUD is land set aside for ___ purposes
mixed use
a landowner who wants to use property in a manner prohibited by a local zoning ordinance but which would benefit the community can apply for…
a conditional use permit
common ___ includes “C” for commercial, “R” for residential, and “A” for agricultural
zoning classifications
a subdivision declaration reads, “no property within this subdivision may be further subdivided for sale or otherwise, and no property may be used for any purpose other than single-family housing.” this is an example of…
a restrictive covenant
a restriction in a seller’s deed may be enforced by…
a court injunction
to determine whether a location can be put to future use as a retail store, one would examine the…
zoning ordinance
a man owns a large tract of land. after an adequate study of all the relevant facts, the man legally divides the land into 30 lots suitable for the construction of residences. in this situation, he is acting as…
a subdivider
under its zoning authority, what may a town legally regulate?
a) enabling acts
b) business ownership
c) building ownership
d) number of buildings
number of buildings
under its ___, a town may legally regulate the number of buildings
zoning authority
which is NOT included in public land use controls?
a) comprehensive plan specifications
b) restrictive covenants
c) subdivision regulations
d) environmental protection laws
restrictive covenants
in IL, ___ grants counties, cities, and villages the power to make and enforce local zoning ordinances.
enabling statues
in IL, enabling statues grants ___, ___, and ___ the power to make and enforce local zoning ordinances.
counties, cities, and villages
in IL, enabling statues grants counties, cities, and villages the power to make and enforce ___.
local zoning ordinances
in IL, a zoning law passed by a village conflicts with an existing county zoning law. both the village and county are home-rule units of government. in this situation, which law will prevail and why?
the village’s law
municipal ordinances supersede county ordinances under the IL constitution
when it comes to zoning laws in IL, ___ ordinances supersede ___ ordinances under the IL constitution
municipal ordinances supersede county ordinances
a man wants the city zoned to prohibit all fast food restaurants. what would be his best course of action?
persuade town government to change local zoning laws
permitted land uses, housing projections, transportation issues, and objectives for implementing future controlled development would all be found in a community’s ___.
comprehensive plan
