Chapter 6: Land Use Controls Flashcards

1
Q

aesthetic zoning

A

Zoning ordinances that regulate the appearance of real property, such as exterior color, exterior construction material, required screening and fencing

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2
Q

buffer zone

A

A strip of land, usually used as a park or designated for a similar use, separating and screening land dedicated to one use from land dedicated to another use (e.g., residential from commercial)

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3
Q

building code

A

An ordinance that specifies minimum standards of construction for buildings to protect public safety and health.

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4
Q

building permit

A

Written governmental permission for the construction, alteration, or demolition of an improvement, showing compliance with building codes and zoning ordinances. See certificate of occupancy

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5
Q

certificate of occupancy (CO)

A

A certificate issued by a government authority stating that a building is fit for occupancy and there are no building code violations
The end result of a successful building permit.

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6
Q

cluster zoning

A

The practice of slightly reducing the sizes of the individual lots and clustering the lots around varying street plans such as cut-de-sacs to create more open space in a development.

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7
Q

conditional-use permit

A

Written governmental permission allowing.a use inconsistent with zoning but in the public interest, such as locating an emergency medical facility in a predominantly residential area; special-use permit

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8
Q

declaration of restrictive covenants

A

A statement of all covenant, conditions and restrictions (CC&Rs) affecting a parcel of land; sometimes noted on the plat map or in a separate document. Restrictions are appurtenant and aim to protect property values.

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9
Q

enabling act

A

State legislation that confers zoning powers or municipal governments

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10
Q

extra-territorial jurisdictions (ETJs)

A

A municipality’s right to regulate development in areas adjacent to but not part of the city’s corporate limits. Population determines if the power extends for 1 to 3 miles from the corporate limits.

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11
Q

Federal Emergency Management Agency (FEMA)

A

A federal agency responsible for disaster preparedness, response, and recovery. Now under Department of Homeland Security. Provides flood insurance

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12
Q

flood hazard area

A

Property identifies by flood certification to be in a flood-prone area with a likelihood that a flood may occur once every 100 years and therefore usually requiring flood insurance if federally related financing is involved.

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13
Q

historic preservation zoning

A

Zoning to preserve the historic nature of a particular property or neighborhood. Change will require a certificate of appropriateness from the necessary regulatory power.

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14
Q

Interstate Land Sales Full Disclosure Act

A

A federal law regulating the interstate advertising and sale or lease of lots in subdivisions with 25 or more lots. Developer must provide a property report and register the subdivision with HUD.

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15
Q

laches

A

A legal doctrine to bar a legal claim or prevent the assertion of a right because of undue delay or failure to assert the claim or right.

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16
Q

master plan

A

A comprehensive plan to guide the longterm physical development of a particular area.

17
Q

nonconforming use

A

An existing use of property that is permitted to continue after a zoning ordinance prohibiting it has been established for the area; a use that has been grandfathered in and is legal. Illegal nonconforming use occurs when zoning in place before the prohibited use

18
Q

overlay district

A

A type of zoning that is superimposed over another type of zoning and can modify the use of the original zone.

19
Q

plat map

A

A map of a subdivision indicating the location and boundaries of individual properties. Generally shows lots, blocks, easements, streets, floodplains, et cetera. Usually require official approval before recordation

20
Q

police power

A

The government’s right to impose laws, statutes, and ordinances, including zoning ordinances and building codes, to protect the public health, safety, and welfare.

21
Q

property report

A

The mandatory federal and/or state documents compiled by developers to provide potential purchasers with material facts about a property prior to its purchase.

22
Q

protective covenant

A

Private agreements usually imposed by the owner when property is sold that limits the way the real estate ownership may be used; frequently used by owner/developer to maintain specific standards in a subdivision. The covenants are appurtenant. Also called restrictive covenant

23
Q

restrictive covenant

A

Private agreements usually imposed by the owner when property is sold that limits the way the real estate ownership may be used; frequently used by owner/developer to maintain specific standards in a subdivision. The covenants are appurtenant. Also called protective covenant

24
Q

spot zoning

A

Zoning that illegally singles out property for either special or more restrictive treatment than is usual under the area zoning ordinance.

25
Q

subdivision

A

A tract of land divided into two or more parcels by the owner; known as the subdivider, for the purpose of sale or development (either now or in the future); all land division involving the dedication of a new street or a change in an existing street.

26
Q

variance

A

Permission obtained from zoning authorities to build a structure or conduct a use that is expressly prohibited by the current zoning laws; an exemption from ordinances due to unique hardship not created by the property owner.

27
Q

zoning ordinance

A

An exercise of police power by a municipality to regulate and control the character and use of property. Zoning is local in nature