Key Terms - Chapter 5

Question 1

amendment

Answer 1

A change or modification of a zoning ordinance by the local legislative authority.

Question 2

building codes

Answer 2

Public controls regulating construction that establish minimum construction standards.

Question 3

Certificate of Occupancy

Answer 3

A document issued by a local government agency after a satisfactory inspection of a structure, authorizing the occupancy of the structure.

Question 4

conditions

Answer 4

restrictions that provide for a reversion of title if they are violated

Question 5

covenant

Answer 5

A promise in writing

Question 6

deed restrictions

Answer 6

Limitations on land use appearing in deeds. Also known as restrictive, or protective, covenants.

Question 7

enabling acts

Answer 7

Laws passed by state legislatures authorizing cities and counties to regulate land use within their jurisdictions.

Question 8

injunction

Answer 8

An instruction of a court to discontinue a specified activity

Question 9

Interstate Land Sales Full Disclosure Act

Answer 9

federal law regulating the interstate sale of land under

certain conditions.

Question 10

master plan

Answer 10

Created for the purpose of providing for the orderly growth of a community that will result in the greatest social and economic benefits to the people in the community.

Question 11

negative covenants

or easements

Answer 11

Promises on the part of the purchasers of property in the subdivision to limit their use of their property to comply with the requirements of the restrictive/protective covenants.

Question 12

nonconforming use

Answer 12

A use of land that does not conform to the use permitted by a zoning ordinance for the area but is allowed to continue because it preceded the zoning ordinance.

Question 13

overlay district

Answer 13

A zoning device that superimposes a particular zoning over one or more zoning areas. Examples are flood zones and historic preservation districts.

Question 14

planned unit development (PUD)

Answer 14

A type of zoning ordinance which permits a special use;
thereby enabling a designated area or subdivision to have a combination of property types, such as, residential housing, recreation facilities, and business establishments.

Question 15

police powers

Answer 15

The power of government to regulate the use of real property for the benefit of the public interest.

Question 16

private land use controls

Answer 16

The regulations of land use by individuals or nongovernment organizations in the form of deed restrictions and restrictive covenants.

Question 17

property report

Answer 17

Disclosure required under Interstate

Land Sales Disclosure Act

Question 18

public land use controls

Answer 18

The regulation of land use by government organizations in the form of zoning laws, building codes, subdivision ordinances, and environmental protection laws

Question 19

restrictive or

protective covenants

Answer 19

Limitations on land use binding on all property owners. A form of private land use control.

Question 20

run with the land

Answer 20

Rights that move from grantor to grantee along with a title

Question 21

setback

Answer 21

The distance from a front or interior property line to the point where a structure can be located.

Question 22

special use

Answer 22

An exception, or special use, built into a zoning ordinance that must be granted if the criteria for the exception are met

Question 23

spot zoning

Answer 23

The rezoning of a particular property in a zoned area to permit a use different from that authorized for the rest of the area. It is illegal unless there is a clearly established, reasonable basis for it

Question 24

statement of record

Answer 24

A document disclosing specific information that the developer must file with HUD before offering unimproved lots in interstate commerce by telephone or through the mail

Question 25

subdivision regulations (ordinances)

Answer 25

Public control of the development of residential subdivisions.

Question 26

variance

Answer 26

A permitted deviation from specific requirements of a zoning ordinance because of the special hardship to a particular property owner

Question 27

zoning ordinance

Answer 27

A statement setting forth the type of use permitted under each zoning classification and specific requirements for compliance.