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Unit 20: Land Use Controls & Property Development > Notes > Flashcards

Notes Flashcards

1
Q

comprehensive plans are usually ___ years or longer

A

20

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2
Q

comprehensive plans often include which 3 things?

A

1) general plan that can be revised & updated
2) plans for specific areas
3) strategic plans

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3
Q

systemic planning for orderly growth consists of which 5 basic elements?

A

1) land use
2) housing needs
3) movement of people and goods
4) community facilities and utilities
5) energy conservation

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4
Q

the preparation of a(n) ___ involves surveys, studies, and analyses of housing, demographic, and economic characteristics and trends.

A

comprehensive plan

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5
Q

zoning ordinances are an exercise of ___.

A

police power

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6
Q

if the comprehensive plan is the big picture, then ___ makes up the details of that picture.

A

zoning

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7
Q

if the ___ is the big picture, then zoning makes up the details of that picture.

A

comprehensive plan

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8
Q

NO ___ or ___ zoning ordinances exist.

A

nationwide or statewide

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9
Q

___ and ___ may regulate land use through special legislation, such as scenic easements, coastal management, and environmental laws

A

state and federal governments

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10
Q

zoning powers are conferred on ___ by ___

A

municipal governments
state enabling acts

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11
Q

___ affects permitted uses of each parcel of land

A

zoning

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12
Q

___ affects lot sizes

A

zoning

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13
Q

___ affects types of permissible structures and building heights

A

zoning

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14
Q

___ affects setbacks (the minimum distance away from streets or sidewalks that structures may be built)

A

zoning

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15
Q

___ affects style & appearance of structures

A

zoning

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16
Q

___ affects density

A

zoning

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17
Q

___ affects protection of natural resources

A

zoning

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18
Q

zoning ordinances cannot be ___, and they MUST remain ___ to meet the changing needs of society

A

static
flexible

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19
Q

land is divided into ___

A

zones

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20
Q

common ___ include “C” for commercial, “R” for residential, and “A” for agricultural

A

zoning classifications

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20
Q

residential zoning areas may be ___ to provide for detached single family dwellings, semi detached structures containing not more than 4 dwelling units, walk-up apartments, high rise apartments, etc.

A

subdivided

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21
Q

A(n) ___ is a development where land is set aside for mixed-used purposes. such as residential, commercial, and public areas.

A

planned unit development

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22
Q

___ may be modified. for planned unit developments

A

zoning regulations

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23
Q

some municipalities also use ___ to ease transition from one zone to another

A

buffer zone

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24
Q

any land-use regulation that is destructive, unreasonable, arbitrary, or confiscatory is usually considered ___.

A

void

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25
Q

one commonly applied test in determining the validity of a zoning ordinance requires that power be exercised in a(n) ___ manner

A

reasonable

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26
Q

one commonly applied test in determining the validity of a zoning ordinance requires that provisions be ___ and ___

A

clear and specific

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27
Q

one commonly applied test in determining the validity of a zoning ordinance requires that ordinances be ___.

A

nondiscriminatory

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28
Q

one commonly applied test in determining the validity of a zoning ordinance requires that ordinances promote ___, ___, and ___ under the police power concept

A

public health
safety
general welfare

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29
Q

one commonly applied test in determining the validity of a zoning ordinance requires that ordinances apply to ___ in a similar manner

A

all property

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30
Q

compliance with zoning can be monitored by requiring property owners to obtain ___ before they begin any development

A

permits

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31
Q

a(n) ___ will not be issued unless a proposed development conforms to the permitted zoning, among other requirements

A

permit

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32
Q

___ are usually required before building permits can be issued

A

zoning permits

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33
Q

petitions for variances or exceptions to the zoning law may be presented to ___

A

zoning hearing boards

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34
Q

a lot or an improvement may not conform to the zoning law because it existed before the enactment or amendment of the ordinance. this is an example of…

A

nonconforming use

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35
Q

if non conforming use of a property is allowed to continue indefinitely, it is ___ into the new zoning

A

grandfathered

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36
Q

real estate licensees should never assume, nor allow their clients to assume, that existing ___ will be allowed to continue

A

nonconforming use

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37
Q

buyers should verify with ___ the conditions under which the use of a nonconforming use is allowed to remain or whether changes are permitted.

A

zoning authorities

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38
Q

to qualify for a variance, the owner must demonstrate why the variance is ___, and that they are ___ and ___ by the regulations

A

necessary
harmed and burdened

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39
Q

variances are said to “___” meaning the exception is passed on to any later owners

A

run with the land

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40
Q

___ are passed onto any later owners after a change has been made

A

variances

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41
Q

conditional use permits and variances are issued by zoning boards only after ___

A

public hearings

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42
Q

sets the requirements for the kinds of materials and standards of workmanship, sanitary equipment, electrical wiring, fire prevention, and similar issues

A

building codes

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43
Q

through the requirement of a(n) ___, municipal officials are made aware of new construction or alterations and can verify compliance with building codes and zoning ordinances

A

building permit

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44
Q

if a building’s use has been converted, or a new home has been constructed, the municipal inspector must ensure that the construction complies with relevant ___ and ___.

A

ordinances and codes

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45
Q

a(n) ___ indicating that the property is suitable for habitation by meeting certain safety and health standards must be issued before anyone moves in and often before a lender will allow closing

A

certificate of occupancy

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46
Q

if the construction of a building or alteration violates a deed restriction, issuance if a(n) ___ will NOT cure this violation

A

building permit

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47
Q

communities with historic districts, or communities interested in maintaining a particular “look” may have ___.

A

aesthetic ordinances

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48
Q

___ laws require that all new construction or restorations be approved by a special board that ensures the new structures will “blend in” with existing building styles

A

aesthetic ordinance

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49
Q

a(n) ___ includes provisions for submitting and processing subdivision plats

A

ordinance

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50
Q

a major advantage of subdivision ___ is that they encourage flexibility, economy, and ingenuity in the use of land.

A

ordinances

51
Q

a developer may also be a(n) ___

A

subdivider

52
Q

in a new residential subdivision, ___ usually pay the costs to provide new water, sewer, streets, curbs, and sidewalks.

A

developers

53
Q

which is more extensive: development or subdivision?

A

development

54
Q

no uniform planning and land development legislation affects the ___

A

entire country

55
Q

laws governing subdividing and land planning are controlled by ___ and ___ where ___.

A

state and local governments where the land is located

56
Q

before subdividing can begin, the subdivider must go through the process of ___.

A

land development planning

57
Q

a(n) ___ may include engineering data and restrictive covenants

A

plat

58
Q

the plats must be approved by the municipality before they can be ___

A

recorded

59
Q

the plats must be approved by the ___ before they can be recorded

A

municipality

60
Q

once a plat is properly ___, it may be used as an adequate legal description of real property

A

recorded

61
Q

once a plat is properly recorded, it may be used as an adequate ___ of real property

A

legal description

62
Q

once a plat is properly recorded, it may be used as an adequate legal description of ___

A

real property

63
Q

most subdivisions are laid out by use of ___ and ___

A

lots and blocks

64
Q

in a subdivision, an area lof land is designated as a(n) ___, and the area that makes up this is divided into ___.

A

block
lots

65
Q

a(n) ___ usually determines the ___ and ___ of individual lots, and this issue must be considered carefully because the maximum or minimum lot size is regulated by ___.

A

subdivider
size and location
regulated by local ordinances

66
Q

in subdivision, the land itself must be studied usually in cooperation with a(n) ___ so that the subdivision takes advantage of natural drainage and land contours

A

surveyor

67
Q

a(n) ___ test of the ___ is done to determine the ability of the ground to absorb and drain water

A

percolation test of the soil

68
Q

a subdivider registering a development with the US dept of housing & urban development (HUD) must include a(n) ___ report in the application

A

percolation

69
Q

one negative aspect of subdivision development is the potential for ___ on all residents, both inside and outside the subdivision.

A

increased tax burdens

70
Q

a typical __ may set the minimum lot area on which a subdivider can build a single family housing unit at 10,000 square feet, which means that the subdivider can build 4 houses per acre

A

zoning restriction

71
Q

not all restrictions on the use of land are imposed by government bodies. certain restrictions to control and maintain the desirable quality and character of a property or subdivision may be created by ___, including the ___.

A

private entities including the property owners

72
Q

No private restriction can violate a(n)…

A

state, local, or federal law

73
Q

CC&Rs may be imposed through a covenant in the ___ or by a(n) ___

A

deed
seperate recorded declaration

74
Q

___ typically govern the type, height, and size of buildings that individual owners can erect, as well as land use, architectural style, construction methods, setbacks, and square footage

A

CC&Rs

75
Q

CC&Rs are enforced by the ___

A

HOA

76
Q

Restrictive covenants cannot be used for ___, such as exclusion of members of certain races, nationalities, or religions

A

illegal purposes

77
Q

___ may be more restrictive of an owner’s use than local zoning ordinances. the rule that is ___ takes precedence

A

private land-use controls
more restrictive

78
Q

private restrictions can be enforced ___ when one lot owner applies to them for an injunction to prevent a neighboring lot owner from violating the recorded restrictions

A

in court

79
Q

when a private restriction is enforced in court, the court injunction will either ___ or ___.

A

direct the violator to stop
or
remove the violation

80
Q

in IL, any restrictive covenant that forbids or restricts conveyance, encumbrance, occupancy, or lease on the basis of race, color, religion, or national origin is ___.

A

void

81
Q

in IL, any restrictive covenant that forbids or restricts conveyance, encumbrance, occupancy, or lease on the basis of race, color, religion, or national origin is void. Exceptions to this section of the IL Human Rights Act are allowed for ___ and ___.

A

religious and charitable organizations

82
Q

because a condo unit is often described as a(n) “___ with a(n) ___” the oversight and the management of the common interests is under the authority of the condo board representing the interests of the entire association.

A

fee simple estate with a tenancy in common interest

83
Q

because a condo unit is often described as a(n) “fee simple estate with a tenancy in common interest” the oversight and the management of the common interests is under the authority of the ___ representing the interests of the ___.

A

condo board
entire association

84
Q

in a condo unit, how units are used and modified is controlled by the ___, ___, and ___

A

condo declaration, bylaws, and regulations

85
Q

it is the initial condo ___ responsibility to create the condo declaration, and it is the ___ that drafts the bylaws and regulations

A

developer’s
association’s board of directors

86
Q

issues ranging from fines and fees to condo unit improvements are usually addressed in which documents?

A

the condo declaration, and drafts & bylaws drafted by the condo association

87
Q

The federal Interstate Land Sales Full Disclosure Act required land developers to register subdivisions of ___ or more nonexempt lots with ___ and to provide each purchaser with a disclosure document called a(n) ___

A

100
HUD
property report

88
Q

When must the property report required by the federal Interstate Land Sales Full Disclosure Act be delivered?

A

Before the signing of the contract or agreement

89
Q

Under the federal Interstate Land Sales Full Disclosure Act, the purchaser has the right to revoke any contract to purchase a regulated lot until ___ on the ___ after the contract was signed

A

midnight on the 7th day

90
Q

According to the federal Interstate Land Sales Full Disclosure Act, if the purchaser or lessee does not receive a copy of the ___ before signing the purchase contract or lease, they may bring an action to void the contract within 2 years after signing.

A

property report

91
Q

According to the federal Interstate Land Sales Full Disclosure Act, if the purchaser or lessee does not receive a copy of the property report before signing the purchase contract or lease, they may bring an action to ___ the contract within 2 years after signing.

A

void

92
Q

According to the federal Interstate Land Sales Full Disclosure Act, if the purchaser or lessee does not receive a copy of the property report before signing the purchase contract or lease, they may bring an action to void the contract within ___

A

2 years after signing.

93
Q

The federal Interstate Land Sales Full Disclosure Act does NOT apply to subdivisions consisting of fewer than ___ lots or to those in which lots are of ___ or more

A

fewer than 25 lots
lots of 20 acres or more

94
Q

Lots offered for sale solely to developers are exempt from the requirements of the ___.

A

federal Interstate Land Sales Full Disclosure Act

95
Q

Lots on which buildings ___ or where a seller is obligated to ___ within 2 years are exempt from the requirements of the federal Interstate Land Sales Full Disclosure Act

A

exist
construct a bulding

96
Q

Lots on which buildings exist or where a seller is obligated to construct a building within 2 years are exempt from the requirements of ___

A

the federal Interstate Land Sales Full Disclosure Act

97
Q

misrepresentation or failure to comply with the federal Interstate Land Sales Full Disclosure Act subject a seller to ___ and ___

A

criminal penalties
civil damages

98
Q

Land use is controlled through which 3 things?

A

1) public restrictions
2) private (nongovernmental) restrictions
3) direct public ownership of land

99
Q

the state’s authority to create regulations to protect the public health, safety, and welfare

A

police power

100
Q

state ___ allow the power to enact laws authorized by the state’s police power to be passed down to municipalities and other local governing bodies.

A

enabling acts

101
Q

Enabling acts must be exercised in a reasonable manner, meaning they must be ___ and ___, ___, and applied to ___ in a similar manner.

A

clear and specific
nondiscriminatory
all property

102
Q

land may be taken for public use through the government’s right of ___ or the process of ___ a d the owner must be given ___

A

eminent domain
condemnation
just (fair) compensation

103
Q

Sets forth the development goals and objectives for the cummunity

A

comprehensive (or master) plan

104
Q

local laws that implement land uses and are designated in the comprehensive plan, that typically cover issues such as permitted uses, lot sizes, types of structures, building heights, setbacks, style and appearance of structures, density, and protection of natural resources

A

zoning ordinances

105
Q

zoning ordinances are designated in the ___

A

comprehensive plan

106
Q

___ classifies property by uses and types

A

zoning

107
Q

what are 10 ways zoning can be used?

A

1) residential
2) commercial
3) industrial
4) agricultural
5) planned unit developments
6) special purpose
7) buffer zones
8) bulk zoning
9) aesthetic zoning
10) incentive zoning

108
Q

zones that separate residential from nonresidential areas

A

buffer zones

109
Q

___ zoning controls density

A

bulk

110
Q

___ zoning specifies certain types of architecture for new buildings

A

aesthetic

111
Q

___ zoning ensures certain uses are incorporated into developments

A

incentive

112
Q

zoning is enforced through the use of ___

A

permits

113
Q

___ specify standards for construction, plumbing, sewers, electrical wiring, and fire prevention equipment.

A

building codes

114
Q

a(n) ___ is issued upon satisfactory completion of work for which the permit was issued

A

certificate of occupancy (occupancy permit)

115
Q

___ and ___ regulations are adopted to maintain control of the development of expanding community areas so that growth is harmonious with the community standards

A

subdivision and land development

116
Q

___ and ___ work together to plan whole communities that are later incorporated into cities, towns, or villages

A

city planners and land developers

117
Q

land development must comply with the ___ adopted by counties, cities, villages, or towns

A

master plans (or comprehensive plans)

118
Q

the process of ___ provides for utility easements

A

subdivision

119
Q

the process of ___ lays out street patterns and widths

A

subdivision

120
Q

where must a subdivider generally record a completed plat of subdivision?

A

county where land is located

121
Q

___ usually place restrictions on the use of all lots in a subdivision as a general plan for the benefit of all future owners

A

subdividers

122
Q

private land use controls are exercised by owners through ___ and ___.

A

deed restrictions
restrictive covenants

123
Q

private restrictions may be enforced by obtaining a(n) ___ to ___

A

court injunction
stop a violator

124
Q

the IL state constitution provides for certain units of government to exercise ___.

A

home rule authority

125
Q

In IL when a county’s ordinance conflicts with a municipality’s, the ___ ordinance prevails

A

municipal

126
Q

the IL human rights act prohibits ___ that discriminate on the basis of race, color, religion, or national origin

A

restrictive covenants

Unit 20: Land Use Controls & Property Development (3 decks)

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