Chapter 6: Zoning Flashcards
The Government’s right to impose laws, statutes, and ordinances, including zoning ordinances and building codes, to protect the public health, safety, and welfare
Police Power
Exterior surfaces of structures being restricted to a particular color palette or construction material
Aesthetic Zoning
Landscaped parks and playgrouds to separate and screen residential areas from nonresidential areas
Buffer Zones
Containing requirements as to construction standards, and the primary purpose is safety. An ordinance that specifies minimum construction standards that must be met when repairing or erecting buildings to protect public safety and health.
Building Codes
issued by the city clerk or another official before a person can build a new structure or alter or repair an existing building on property within the municiplaity. Allows officials to verify compliance with building codes and zoning ordinances.
Building Permit
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.
Certificate of Occupancy
the clustering of residential lots in cul-de-sacs to increase open space
Cluster Zoning
aka special-use permit. Granted to a property owner who wishes to use property in a special way that is in the public interest-such as a church or hospital in a residential district
Conditional-use-permit
a developer may establish limitations on the right to use land through a covenant in a deed or by reference to a separate recorded declaration. A statement of all covenant, conditions and restrictons (CC&Rs) affecting a parcel of land; sometimess noted on the plat map or in a separate document. Restrictions are appurtenant (go with) and aim to protect property values.
declaration of restrictive covenants
State legislation that confers zoning powers on municipal governments
enabling act
areas outside the incorporated limits, but subject to the zoning restrictions of a municipality. Population of the municipality will determine if the regulatory power extends one mile or up to three miles from the corporate limits
extra-territorial jurisdictions (ETJs)
Has designated many areas bordering on rivers and streams as flood hazard areas, which are subject to federal regulations concerning improvements and construction in those areas. A federal agency responsible for disaster prepardness, response and recovery.
Federal Emergency Management Agency (FEMA)
to preserve historic building and sites that are irreplaceable. An owner whose property falls within this zone may have difficulty changing or upgrading the exterior of a structure on the property.
historic preservation zoning
To protect consumers from fraudulent and “Overenthusiastic” sales promotions in interstate land sales. 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.
Interstate land Sales Full Disclosure Act
a comprehensive plan to guide the long-term physical development of a particular area. Aka general plan
master plan
Real property uses that were legally established before the adoption of the current zoning plan. Grandfathered use of the property. Can apply to the way the land is used, the type of structure that is on the property, the way the structure is used, or even the lot size itself. Generally not permitted to continue indefinitely.
nonconforming use
a type of zoning that is superimposed over another type of zoning. Can modify the use of the original zone. Additional restrictions and regulations are imposed on developments and improvements in that area. Examples: historic preservation and aesthetic zoning
overlay district
The mandatory federal and/or state documents compiled by developers to provide potential purchasers with material facts about a property prior to its purchase. Contains all essential information about the property
property report
AKA restrictive covenant. Enforceable conditons that restrict the manner in which an owner may use his/her property
protective covenant
AKA protective covenant. Private agreements usually imposed by the owner when property is sold that limits the way the real estae ownership may be used; frequently used by owner/developer to maintain specific standards in a subdivision. The covenants are appurtenant (goes with).
restrictive covenant
When a particular property or group of properties is rezoned to permit a use different from the neighboring properties’ use.
spot zoning
all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and includes all division of land involving the dedication of a new street or a change in existing streets.
subdivision
Sought to allow a deviation from an ordinance due to unique circumstances. Owner must prove that there is no other reasonable use for the property and the property owner will suffer a substantial hardship if it is not granted. Example: If an owner’s lot is level next to a road but slopes steeply 30 ft away from the road, the zoning board may allow a variance so the owner can build closer to the road than the setback requirement allows. Otherwise, the lot cold not be used.
variance
laws imposed by local government authorities (such as cities and counties) that regulate and control the use of land and structures within designated districts or zones
zoning ordinances
