key terms Flashcards
the states’ ___ is their inherent authority to create regulations needed to protect the public health, safety, and welfare
police power
state legislation that confers zoning powers on municipal governments
enabling acts
through ___, states delegate to counties and local municipalities the authority to enact ordinances in keeping with general laws.
enabling acts
through enabling acts, states delegate to ___ and ___ the authority to enact ordinances in keeping with general laws.
counties and local municipalities
article VII of the IL state constitution allows for ___ units of government
home-rule
in IL, any municipality with a population in excess of ___ is automatically a home-unit
25,000
in IL, any municipality with a population in excess of 25,000 is automatically a(n) ___.
home-rule unit
in IL, any county that has a(n) ___ elected by the people is automatically a home-unit.
chief executive officer
in IL, any county that has a chief executive officer elected by the people is automatically a(n) ___.
home-rule unit
in IL, a municipality of fewer than 25,000 people may elect by referendum to become a(n) ___ of government.
home-rule unit
in IL, a municipality of fewer than 25,000 people may ___ to become a home-rule unit of government.
elect by referendum
In IL, ___ are not allowed to be home-rule units
townships
in IL, townships are not allowed to be ___.
home-rule units
in IL, a(n) ___ may exercise any power and perform any function pertaining to its government, including the exercise of police power by way of laws that control the use of land.
home-rule unit
in IL, ___ have greater freedom to enforce their laws.
home-rule units
in IL, ___ derive their authority to pass land-use controls from the state government thourh enabling statutes.
non home rule
In IL, ___ are not empowered to pass subdivision controls or building codes.
townships
in IL, ___ zoning ordinances must give way to ___ zoning ordinances
township
county
also claled the master plan
comprehensive plan
the ___ is not a regulatory document but rather a guide to planning for change rather than reacting to proposals
comprehensive plan
a detailed plan to guide the long-term physical development of a particular area
comprehensive plan
element of systemic planning referring to a determination of how much land may be proposed for residence, industry, business, agriculture, traffic & transit facilities, utilities, community facilities, parks & recreational facilities, floodplains, and areas of special hazards
land use
element of systemic planning includes consideration of the ___ needs of present and anticipated residents; including rehabilitation of declining neighborhoods as well as new residential developments
housing
element of systemic planning that includes highways, public transit, parking facilities, and pedestrian & bikeway systems
movement of people & goods
element of systemic planning includes schools, hospitals, libraries, recreational facilities, fire & police stations, water resources, sewage & waste treatment and disposal, storm drainage, and flood management
community facilities & utilities
element of systemic planning referring to reducing energy consumption and promoting the use of renewable energy sources
energy conservation
a regulatory tool that helps communities regulate and control how land is used
zoning
local laws that implement the comprehensive plan and regulate and control the use of land and structures within designated land use districts.
zoning ordinances
an exercise of police power by a municipality to regulate and control the character and use of property
zoning ordinance
the minimum distance away from streets or sidewalks that structures may be built
setbacks
the ratio of land area to structure area
density
a(n) ___ is typically a strip of land separating land dedicated to one use from land dedicated to another use. usually used as a park or designated for similar use.
buffer zone
also called density zoning
bulk zoning
___ is used to control density and avoid overcrowding by imposing restrictions such as setbacks and maximum building heights, and requiring a specified percentage of open area or by restricting new construction projects
bulk zoning
___ zoning specifies certain types of architecture for new buildings
aesthetic
___ zoning ensures that certain uses are incorporated into developments, such as requiring the street floor of an office building to house retail establishments
incentive
the government provides ___ for citizens to discuss zoning ordinances before they are enacted
public hearings
also called zoning boards of appeal
zoning hearing boards
___ have been established in most communities to hear complaints about the effects a zoning ordinance may have on specific parcels of property
zoning hearing boards
also called special-use permit
conditional use permit
a(n) ___ permit is usually granted to a property owner to allow special use of property within that zone. such as a daycare center in a residential district.
conditional-use
written governmental permission allowing a use inconsistent with zoning but necessary for the common good. such as an emergency room in a residential area.
conditional-use permit
also called an exception
variance
permission obtained from zoning authorities to build a structure or conduct a use that is expressly prohibited by the current zoning laws.
variance
an exception from the zoning ordinances
variance
specifies construction standards that must be met when repairing or erecting buildings
building codes
an ordinance that specifies minimum standards of construction for buildings to protect public safety and health
building code
a property owner who wants to build a structure or alter or repair an existing building usually most obtain a(n) ___
building permit
once a completed structure has been inspected and found satisfactory, the municipal inspector issues a(n) ___.
certificate of occupancy
also called an occupancy permit
certificate of occupancy
a tract of land divided by the owner into blocks, building lots, and streets according to a recorded plat, which must comply with local ordinances and regulations
subdivision
a person who buys undeveloped acreage and divides it into smaller lots for sale to individuals or developers or for their own use
subdivider
a person who improves the subdivided land, constructs home, or other buildings on the lots, then sells them
developer
a detailed map that illustrates the geographic boundaries of individual lots, and also shows the blocks, sections, streets, public easements, and monuments in the prospective subdivision
plat map
charges made in advance to cover anticipated expenses involving offsite capital improvements such as water and sewer facilities expansion, additional roads, and school expansions
impact fees
also called bulk zoning
density zoning
zoning ordinances typically establish special ___ ordinances, which restrict the average maximum number of houses per acre that may be built within a particular subdivision
density zoning
a typical zoning ordinance 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. regardless of the lot size or number of lots, the subdivider will be consistent with the ordinance as long as the average number of units in the development remains at or below the maximum density. this average is called ___
gross density
limitations to the use of property imposed by a past or current owner and are binding on future grantees
restrictive covenants
private rules set up by the developer that set standards for all the parcels within the defined subdiviison
covenants, conditions, and restrictions (CC&Rs)
an equitable doctrine used in courts to bar a legal claim or prevent the assertion of a right because of undue delay or failure to assert the claim or right
laches
the legal principle that a right may be lost through undue delay or failure to assert it
laches
US Congress created the federal ___ to facilitate regulation of interstate land sales and to protect consumers from fraud and abuse in the sale or lease of land
Interstate Land Sales Full Disclosure Act
Federal law that regulates the sale of certain real estate in interstate commerce
Interstate Land Sales Full Disclosure Act
Federal law that required land developers to register subdivisons of 100 or more nonexempt lots with HUD and to provide each purchaser with a disclosure document called a property report
Interstate Land Sales Full Disclosure Act
The ___ required by the federal Interstate Land Sales Full Disclosure Act contains relevant information about the subdivision and must be delivered to each purchaser before the signing of the contract or agreement
property report
