Chapter 6: Land Use Controls Flashcards
aesthetic zoning
Zoning ordinances that regulate the appearance of real property, such as exterior color, exterior construction material, required screening and fencing
buffer zone
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)
building code
An ordinance that specifies minimum standards of construction for buildings to protect public safety and health.
building permit
Written governmental permission for the construction, alteration, or demolition of an improvement, showing compliance with building codes and zoning ordinances. See certificate of occupancy
certificate of occupancy (CO)
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.
cluster zoning
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.
conditional-use permit
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
declaration of restrictive covenants
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.
enabling act
State legislation that confers zoning powers or municipal governments
extra-territorial jurisdictions (ETJs)
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.
Federal Emergency Management Agency (FEMA)
A federal agency responsible for disaster preparedness, response, and recovery. Now under Department of Homeland Security. Provides flood insurance
flood hazard area
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.
historic preservation zoning
Zoning to preserve the historic nature of a particular property or neighborhood. Change will require a certificate of appropriateness from the necessary regulatory power.
Interstate Land Sales Full Disclosure Act
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.
laches
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.
master plan
A comprehensive plan to guide the longterm physical development of a particular area.
nonconforming use
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
overlay district
A type of zoning that is superimposed over another type of zoning and can modify the use of the original zone.
plat map
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
police power
The government’s right to impose laws, statutes, and ordinances, including zoning ordinances and building codes, to protect the public health, safety, and welfare.
property report
The mandatory federal and/or state documents compiled by developers to provide potential purchasers with material facts about a property prior to its purchase.
protective covenant
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
restrictive covenant
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
spot zoning
Zoning that illegally singles out property for either special or more restrictive treatment than is usual under the area zoning ordinance.
subdivision
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.
variance
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.
zoning ordinance
An exercise of police power by a municipality to regulate and control the character and use of property. Zoning is local in nature
