Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Illinois Real Estate Exam Prep > Land Use Controls & Regulations > Flashcards

Land Use Controls & Regulations Flashcards

1
Q

Goals of Land Use Control

A
  • Preservation of Property Values
  • Promotion of the highest and best use of property
  • Balance between individual property rights and the public good
  • Control of growth to remain within infrastructure capabilities
  • Incorporation of community consensus into regulatory and planning activities
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Three Phase Process to Achieve Land Usage Goals

A
  • Development of a master plan for the jurisdiction
  • Administration of the plan by a municipal, county, or regional planning committee
  • Implementation of the plan through public control of zoning, building codes, permits and other measures
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

The Master Plan

A

Public land use planning incorporates long-term usage strategies and growth policies. The land use plan must not only reflect the needs of the local area, but also conform to state and federal environmental laws and the plans of regional and state planning agencies. The master plan therefore fuses state and regional land use laws with local land use objectives that correspond to the municipality’s social and economic conditions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Amount of Growth

A

A master plan sets specific guidelines on how much growth the jurisdiction will allow. While all communities desire a certain degree of growth, too much growth can overwhelm services and infrastructure. To formulate a growth strategy, a plan initially forecasts growth trends, then estimates how well the municipality can keep pace with the growth forecast.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

A Growth Plan Considers:

A
  • nature, location and extent of permitted uses
  • availability of sanitation facilities
  • adequacy of drainage, waste collection, and potable water systems
  • adequacy of utilities companies
  • adequacy and patterns of thoroughfares
  • housing availability
  • conservation of natural resources
  • adequacy of recreational facilities
  • ability and willingness of the community to absorb new taxes, bond issues, and assessments
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Growth Patterns

A

In addition to the quantity of growth, a master plan also defines what type of growth will occur, and where.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Growth Patterns Major Considerations

A
  • the type of enterprises and developments to allow
  • residential density and commercial intensity
  • effects of industrial and commercial land uses on residential and public sectors, i.e., where to allow such uses
  • effect of new developments on traffic patterns and thoroughfares
  • effects on the environment and environmental quality (air, water,
    soil, noise, visual aspects)
  • effect on natural resources that support the community
  • code specifications for specific construction projects
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Accommodating Demand

A

As the master plan sets forth guidelines for how much growth will be allowed, it must also make plans for accommodating expanding or contracting demand for services and infrastructure.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Accommodating Demand Plan Identification

A
  • facilities requirements for local government
  • new construction requirements for streets, schools, and social
    services facilities such as libraries, civic centers, etc.
  • new construction required to provide power, water and sewer services
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Plan Development

A

In the course of planning, they analyze
- population and demographic trends
- economic trends
- existing land use
- existing support facilities
- traffic patterns

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Planning Departments

A

Where public land use management takes place within. These departments are responsible for:
- long-term implementation of the master plan
- creating rules and restrictions that support plans and policies
- enforcing and administering land use regulation on an everyday
basis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

The Planning Commission

A

In most jurisdictions, a planning board comprised of officials appointed by the government’s legislative entity handles the planning function. Responsible for:
- approving site plans and subdivision plans
- approving building permits
- ruling on zoning issues

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Police Power

A

At the local level, county and city governments control land use through authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Examples of Public Land Use Controls

A
  • subdivision regulations
  • building codes
  • eminent domain
  • environmental restrictions
  • development requirements
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Eminent Domain

A

allows a government entity to purchase a fee, leasehold, or easement interest in privately owned real property for the public good and for public use, regardless of the owner’s desire to sell or otherwise transfer any interest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Enabling Acts

A

The Constitution grants the states the legal authority to regulate, and the states delegate the authority to counties and municipalities through legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Zoning Ordinance

A

a regulation enacted by the local government. The intent of zoning ordinances is to specify land usage for every parcel within the jurisdiction.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Zoning Ordinances typically address…

A
  • the nature of land use– office, commercial, residential, etc.
  • size and configuration of a building site, including setbacks, sidewalk requirements, parking requirements, and access
  • site development procedures
  • construction and design methods and materials, including height restrictions, building-to-site area ratios, and
    architectural styles
  • use of space within the building
  • signage
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Ordinance Validity

A

Local planners do not have unlimited authority to do whatever they want. Their zoning ordinances must be clear in import, apply to all parties equally, and promote health, safety, and welfare of the community in a reasonable manner.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Building Permits

A

Local governments enforce zoning ordinances by issuing these to those who want to improve, repair, or refurbish a property. To receive one, the project must comply with all relevant ordinances and codes. Further zoning enforcement is achieved through periodic inspections.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Types of Zones

A
  • residential
  • commercial
  • industrial
  • agricultural
  • public
  • planned unit development (PUD)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Residential Zoning

A

Residential zoning restricts land use to private, non-commercial dwellings. Sub-zones in this category further stipulate the types of residences allowed, whether single-family, multi-unit complexes, condominiums, publicly subsidized housing, or other form of housing.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Residential Zoning Regulates:

A
  • density, by limiting the number and size of dwelling units and lots in an area
  • values and aesthetics, by limiting the type of residences allowed. Some areas adopt buffer zones to separate residential areas from commercial and industrial zones.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Commercial Zoning

A

regulates the location of office and retail land usage. Some commercial zones allow combinations of office and retail uses on a single site. Sub-zones in this category may limit the type of retail or office activity permitted, for example, a department store versus a strip center.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Commercial Zoning Regulations

A
  • intensity of usage, by limiting the area of store or office per site area. Intensity regulation is further achieved by minimum parking requirements, setbacks, and building height restrictions.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Industrial Zoning Regulates:

A
  • intensity of usage
  • type of industrial activity
  • environmental consequences
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Agricultural Zoning Restrictions

A

Restricts land use to farming, ranching, and other agricultural enterprises.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Public Zoning Restrictions

A

restricts land use to public services and recreation. Parks, post offices, government buildings, schools, and libraries are examples of uses allowed in a public zone.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Planned Unit Development (PUD) Zoning

A

restricts use to development of whole tracts that are designed to use space efficiently and maximize open space. May be for residential, commercial, or industrial uses, or combinations thereof.

30
Q

Zoning Board of Adjustment
Zoning Appeals Board

A

A county or local board administers zoning ordinances. The board rules on interpretations of zoning ordinances as they apply to specific land use cases presented by property owners in the jurisdiction. The board is a court of appeals for owners and developers who desire to use land in a manner that is not entirely consistent with existing ordinances.

31
Q

Issues Zoning Boards Deal With:

A
  • nonconforming use
  • variance
  • special exception or conditional use permit
  • zoning amendment
32
Q

Nonconforming Use

A

Usually uses result when a zoning change leaves existing properties in violation of the new ordinance. This type of use is legal. A board usually treats this kind of situation by allowing it to continue either:
- indefinitely
- until the structures are torn down
- only while the same use continues, or
- until the property is sold

33
Q

Illegal Nonconforming Use

A

one that conflicts with ordinances that were in place before the use commenced.

34
Q

Zoning Variance

A

allows a use that differs from the applicable ordinance for a variety of justifiable reasons, including that:
- compliance will cause unreasonable hardship
- the use will not change the essential character of the area
- the use does not conflict with the general intent of the ordinance

35
Q

Special Exception

A

authorizes a use that is not consistent with the zoning ordinance in a literal sense, yet is clearly beneficial or essential to the public welfare and does not materially impair other uses in the zone.

36
Q

Amendment

A

A current or potential property owner may petition the zoning board for an outright change in the zoning of a particular property.

37
Q

Subdivision Plat Approval

A

The developer submits a plat of subdivision containing surveyed plat maps and comprehensive building specifications. The plat, as a minimum, shows that the plan complies with local zoning and building ordinances. The project can commence only after the relevant authority has approved the plat.

38
Q

Subdivision Requirements Regulate:

A
  • location, grading, alignment, surfacing, street width, highways
  • sewers and water mains
  • lot and block dimensions
  • building and setback lines
  • public use dedications
  • utility easements
  • ground percolation
  • environmental impact report
  • zoned density
39
Q

Concurrency

A

Many states have adopted policies that require developers, especially of subdivisions, to take responsibility for the impact of their projects on the local infrastructure by taking corrective action. This is a policy that requires the developer to make accommodations concurrently with the development of the project itself, not afterwards

40
Q

FHA (Federal Housing Authority) Requirements

A

In addition to local regulation, subdivisions must meet these requirements to qualify for its financing insurance. It sets standards similar to local ordinances to ensure an adequate level of construction quality, aesthetics, and infrastructure services.

41
Q

Building Codes

A

allow the county and municipality to protect the public against the hazards of unregulated construction. They establish standards for virtually every aspect of a construction project, including offsite improvements such as streets, curbs, gutters, drainage systems, and onsite improvements such as the building itself.

42
Q

Building Codes Address:

A
  • architectural and engineering standards
  • construction materials standards
  • building support systems such as life safety, electrical, mechanical, and utility systems
43
Q

Certificate of Occupancy

A

Building inspectors inspect a new development or improvement for code compliance. If the work complies, the municipality or county issues one of these which officially clears the property for occupation and use.

44
Q

Reasons A Government Might Acquire Land Because of the Public Need For:

A
  • thoroughfares and public rights-of-way
  • recreational facilities
  • schools
  • essential public facilities
  • urban renewal or redevelopment
45
Q

Public Entities that have the power of eminent domain:

A
  • all levels of government
  • public districts (schools, etc.)
  • public utilities
  • public service corporations (power companies, etc.)
  • public housing and redevelopment agencies
  • other government agencies
46
Q

What must the public entity do to acquire a property?

A

the public entity must first adopt a formal resolution to acquire the property, variously called a “resolution of necessity.” The resolution must be adopted at a formal hearing where the owner may voice an opinion. Once adopted, the government agency may commence a condemnation suit in court. Subsequently, the property is purchased and the title is transferred in exchange for just compensation. Transfer of title extinguishes all existing leases, liens, and other encumbrances on the property.

47
Q

Deed Restriction

A

A restriction expressed in a conveyance (deed or lease) of a residential, commercial, or industrial property places limits on the use of the property. Such restrictions are also referred to as “covenants, conditions, and restrictions,” or CCRs. A quitclaim deed can terminate a private deed restriction.

48
Q

Typical Deed Restrictions Concern:

A
  • required minimum area of a residence
  • setback
  • prohibition against construction of sheds or secondary buildings
  • prohibition against conducting certain commercial activities
49
Q

Declaration Restriction

A

The declaration of a subdivision, Planned Unit Development, condominium, and commercial or industrial park contains private use restrictions. These have the same legal effect as a deed restriction, as it attaches to the rights in the property. A private party cannot, however, extinguish a declaration restriction by agreement or quitclaim deed.

50
Q

Injunction

A

A private usage restriction can be enforced by filing for a court injunction. A court can order the violator to cease and desist, or to correct the infraction. If, however, owners in a subdivision or park allow a violation to continue for a sufficient length of time, they can lose their right to legal recourse.

51
Q

Deed Condition

A

may restrict certain uses of a property, much like a deed restriction. However, violation of this gives the grantor the right to re-take possession of the property and file suit for legal title.

52
Q

Environmental Controls

A

federal and state legislatures have enacted laws to conserve and protect the environment against the hazards of growth and development, particularly in terms of air, water, and soil quality.
Regional, county, and local planners must integrate environmental laws into their respective land use plans and regulations. Private property owners are responsible for complying with these laws.

53
Q

Areas of Concern: AIR

A

With today’s construction methods creating airtight, energy-efficient structures, attention to sources of indoor air pollution is more important than ever. Off-gassing from synthetic materials and lack of ventilation can lead to such consequences as Sick Building Syndrome (SBS) and Building-Related Illness (BRI) as well as other health problems.

54
Q

Asbestos

A

a powdery mineral once commonly used as a fireproof insulating material around pipes, in floor tiles and linoleum, in siding and roofing, in wallboard, joint compound, and many other applications. When airborne, it is a health hazard. Its use today is highly restricted, and removal can be expensive and dangerous. Inspection by a certified inspector is the best way to determine whether a building needs treatment.

55
Q

Carbon Monoxide

A

a colorless, odorless, poisonous gas that may result from faulty heating equipment. Home and commercial detection devices are available

56
Q

Formaldehyde

A

a chemical used in building materials and in other items such as fabrics and carpeting. As it ages, formaldehyde gives off a colorless, pungent gas.

57
Q

Lead

A

a heavy metal once widely used in paints and plumbing materials. It has been banned in paint since 1978 and in new plumbing since 1988. It continues to be a health threat, particularly to children, as it occurs in airborne paint particles, paint chips, and soil and groundwater polluted by various external sources of emission. Inspection should be performed by licensed inspectors.

58
Q

Mold

A

a fungus that grows in the presence of moisture and oxygen on virtually any kind of organic surface. It often destroys the material it grows on and emits toxic irritants into the air. Tightly sealed structures with inadequate ventilation are most susceptible. Roof leaks, improper venting of appliances, runoff from gutters and downspouts, and flood damage are common contributors. In recent years, related lawsuits and claims have become substantial.

59
Q

Radon

A

a colorless, odorless, radioactive gas that occurs naturally in the soil throughout the United States. It enters buildings through foundation and floor cracks, wall seams, sump pits, and windows, among other ways. At accumulations above certain levels, it is suspected of contributing to cancer.

60
Q

Area of Concern: SOIL

A

Soil, groundwater, and drinking water supplies are vulnerable to pollution from leaking landfills; improper waste disposal; agricultural runoff; industrial dumping in waterways; highway and rail spills; industrial emissions; internal combustion emissions; and underground tanks leaking fuels and chemicals, to mention but a few sources.

61
Q

National Environmental Policy Act (1969)

A

This act created the Environmental Protection Agency (EPA) and the Council for Environmental Quality, giving them a mandate to establish environmental standards for land use planning. The act also required environmental impact surveys on large development projects.

62
Q

Clean Air Amendment Act (1970)

A

This act authorized the EPA to establish air quality standards for industrial land uses as well as for automobile and airplane emissions.

63
Q

Water Quality Improvement Act (1970), the Water Pollution Control Act amendment (1972), the Clean Water Act Amendment (1977)

A

These acts addressed standards to control water pollution and industrial wastes from the standpoints of future prevention as well as remediation of existing pollution.

64
Q

Resource Recovery Act (1970), the Resource Conservation and Recovery Act (1976), the Comprehensive Environmental Response, Compensation & Liability Act (Superfund) (1980), the Superfund Amendment & Reauthorization Act (1986)

A

These acts addressed disposal of solid and toxic wastes and measures for managing waste. In addition, the Superfund act provided money for hazardous waste disposal and the authority to charge cleanup costs to responsible parties.

65
Q

Lead-based Paint Ban (1978) and Residential Lead-based Paint Hazard Reduction Act (1992,1996)

A

These regulations banned lead in the manufacture of paint and established disclosure requirements and guidelines for testing and remediation.

66
Q

Licensee Disclosure of Environmental Hazards

A

In sum, for their own protection, licensees should be careful to:
- be aware of potential hazards
- disclose known material facts
- distribute the HUD booklet (below)
- know where to seek professional help.

67
Q

Lead Disclosure Requirements

A

The Lead-based Paint Act of 1992 requires a seller or seller’s agent to disclose known lead problems in properties built before 1978. The licensee must give the buyer or lessee a copy of the EPA-HUD-US Consumer Product Safety Commission booklet, “Protect Your Family from Lead in your home.” The seller is not required to test for lead but must allow the buyer a ten-day period for lead inspection.

68
Q

CERCLA
Superfund Amendment of 1986

A

current landowners as well as previous owners of a property may be held liable for environmental violations, even if “innocent” of a violation. Sellers often carry the greatest exposure, and real estate licensees may be held liable for improper disclosure.

69
Q

Sale of Contaminated Property

A

Selling a property with an environmental problem does not avoid liability for the seller, although seller and buyer may agree to share or transfer some liability. If there is a concern, a Phase I audit or Environmental Site Assessment (ESA) should be conducted before proceeding with the transaction.

70
Q

Phase I Audit (ESA)
Environmental Site Assessment

A

Identifies:
- prior uses
- presence of hazardous materials
Reviews environmental documents; conducts a title search for environmental liens and restrictions; and includes a visual inspection of the site and surrounding properties. There is no sampling or testing.

71
Q

Phase II Audit (ESA)

A

conducted if a site is considered contaminated. This is a more detailed investigation using chemical analysis to uncover hazardous substances and/or petroleum hydrocarbons in samples of soil, groundwater or building materials.

72
Q

Phase III Audit (ESA)

A

involves remediation. Intensive testing, sampling, monitoring, and modeling are applied to design plans for remediation, cleanup, and follow-up monitoring. Remediation may use a variety of techniques and technologies, such as excavation and removal, dredging, chemical treatment, pumping, and solidification. Major remediation efforts usually require extensive consultation with the surrounding community. Federal funding may be available.

Illinois Real Estate Exam Prep (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions