Notes Flashcards
comprehensive plans are usually ___ years or longer
20
comprehensive plans often include which 3 things?
1) general plan that can be revised & updated
2) plans for specific areas
3) strategic plans
systemic planning for orderly growth consists of which 5 basic elements?
1) land use
2) housing needs
3) movement of people and goods
4) community facilities and utilities
5) energy conservation
the preparation of a(n) ___ involves surveys, studies, and analyses of housing, demographic, and economic characteristics and trends.
comprehensive plan
zoning ordinances are an exercise of ___.
police power
if the comprehensive plan is the big picture, then ___ makes up the details of that picture.
zoning
if the ___ is the big picture, then zoning makes up the details of that picture.
comprehensive plan
NO ___ or ___ zoning ordinances exist.
nationwide or statewide
___ and ___ may regulate land use through special legislation, such as scenic easements, coastal management, and environmental laws
state and federal governments
zoning powers are conferred on ___ by ___
municipal governments
state enabling acts
___ affects permitted uses of each parcel of land
zoning
___ affects lot sizes
zoning
___ affects types of permissible structures and building heights
zoning
___ affects setbacks (the minimum distance away from streets or sidewalks that structures may be built)
zoning
___ affects style & appearance of structures
zoning
___ affects density
zoning
___ affects protection of natural resources
zoning
zoning ordinances cannot be ___, and they MUST remain ___ to meet the changing needs of society
static
flexible
land is divided into ___
zones
common ___ include “C” for commercial, “R” for residential, and “A” for agricultural
zoning classifications
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.
subdivided
A(n) ___ is a development where land is set aside for mixed-used purposes. such as residential, commercial, and public areas.
planned unit development
___ may be modified. for planned unit developments
zoning regulations
some municipalities also use ___ to ease transition from one zone to another
buffer zone
any land-use regulation that is destructive, unreasonable, arbitrary, or confiscatory is usually considered ___.
void
one commonly applied test in determining the validity of a zoning ordinance requires that power be exercised in a(n) ___ manner
reasonable
one commonly applied test in determining the validity of a zoning ordinance requires that provisions be ___ and ___
clear and specific
one commonly applied test in determining the validity of a zoning ordinance requires that ordinances be ___.
nondiscriminatory
one commonly applied test in determining the validity of a zoning ordinance requires that ordinances promote ___, ___, and ___ under the police power concept
public health
safety
general welfare
one commonly applied test in determining the validity of a zoning ordinance requires that ordinances apply to ___ in a similar manner
all property
compliance with zoning can be monitored by requiring property owners to obtain ___ before they begin any development
permits
a(n) ___ will not be issued unless a proposed development conforms to the permitted zoning, among other requirements
permit
___ are usually required before building permits can be issued
zoning permits
petitions for variances or exceptions to the zoning law may be presented to ___
zoning hearing boards
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…
nonconforming use
if non conforming use of a property is allowed to continue indefinitely, it is ___ into the new zoning
grandfathered
real estate licensees should never assume, nor allow their clients to assume, that existing ___ will be allowed to continue
nonconforming use
buyers should verify with ___ the conditions under which the use of a nonconforming use is allowed to remain or whether changes are permitted.
zoning authorities
to qualify for a variance, the owner must demonstrate why the variance is ___, and that they are ___ and ___ by the regulations
necessary
harmed and burdened
variances are said to “___” meaning the exception is passed on to any later owners
run with the land
___ are passed onto any later owners after a change has been made
variances
conditional use permits and variances are issued by zoning boards only after ___
public hearings
sets the requirements for the kinds of materials and standards of workmanship, sanitary equipment, electrical wiring, fire prevention, and similar issues
building codes
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
building permit
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 ___.
ordinances and codes
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
certificate of occupancy
if the construction of a building or alteration violates a deed restriction, issuance if a(n) ___ will NOT cure this violation
building permit
communities with historic districts, or communities interested in maintaining a particular “look” may have ___.
aesthetic ordinances
___ 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
aesthetic ordinance
a(n) ___ includes provisions for submitting and processing subdivision plats
ordinance
a major advantage of subdivision ___ is that they encourage flexibility, economy, and ingenuity in the use of land.
ordinances
a developer may also be a(n) ___
subdivider
in a new residential subdivision, ___ usually pay the costs to provide new water, sewer, streets, curbs, and sidewalks.
developers
which is more extensive: development or subdivision?
development
no uniform planning and land development legislation affects the ___
entire country
laws governing subdividing and land planning are controlled by ___ and ___ where ___.
state and local governments where the land is located
before subdividing can begin, the subdivider must go through the process of ___.
land development planning
a(n) ___ may include engineering data and restrictive covenants
plat
the plats must be approved by the municipality before they can be ___
recorded
the plats must be approved by the ___ before they can be recorded
municipality
once a plat is properly ___, it may be used as an adequate legal description of real property
recorded
once a plat is properly recorded, it may be used as an adequate ___ of real property
legal description
once a plat is properly recorded, it may be used as an adequate legal description of ___
real property
most subdivisions are laid out by use of ___ and ___
lots and blocks
in a subdivision, an area lof land is designated as a(n) ___, and the area that makes up this is divided into ___.
block
lots
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 ___.
subdivider
size and location
regulated by local ordinances
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
surveyor
a(n) ___ test of the ___ is done to determine the ability of the ground to absorb and drain water
percolation test of the soil
a subdivider registering a development with the US dept of housing & urban development (HUD) must include a(n) ___ report in the application
percolation
one negative aspect of subdivision development is the potential for ___ on all residents, both inside and outside the subdivision.
increased tax burdens
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
zoning restriction
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 ___.
private entities including the property owners
No private restriction can violate a(n)…
state, local, or federal law
CC&Rs may be imposed through a covenant in the ___ or by a(n) ___
deed
seperate recorded declaration
___ 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
CC&Rs
CC&Rs are enforced by the ___
HOA
Restrictive covenants cannot be used for ___, such as exclusion of members of certain races, nationalities, or religions
illegal purposes
___ may be more restrictive of an owner’s use than local zoning ordinances. the rule that is ___ takes precedence
private land-use controls
more restrictive
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
in court
when a private restriction is enforced in court, the court injunction will either ___ or ___.
direct the violator to stop
or
remove the violation
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
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 ___.
religious and charitable organizations
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.
fee simple estate with a tenancy in common interest
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 ___.
condo board
entire association
in a condo unit, how units are used and modified is controlled by the ___, ___, and ___
condo declaration, bylaws, and regulations
it is the initial condo ___ responsibility to create the condo declaration, and it is the ___ that drafts the bylaws and regulations
developer’s
association’s board of directors
issues ranging from fines and fees to condo unit improvements are usually addressed in which documents?
the condo declaration, and drafts & bylaws drafted by the condo association
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) ___
100
HUD
property report
When must the property report required by the federal Interstate Land Sales Full Disclosure Act be delivered?
Before the signing of the contract or agreement
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
midnight on the 7th day
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.
property report
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.
void
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 ___
2 years after signing.
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
fewer than 25 lots
lots of 20 acres or more
Lots offered for sale solely to developers are exempt from the requirements of the ___.
federal Interstate Land Sales Full Disclosure Act
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
exist
construct a bulding
Lots on which buildings exist or where a seller is obligated to construct a building within 2 years are exempt from the requirements of ___
the federal Interstate Land Sales Full Disclosure Act
misrepresentation or failure to comply with the federal Interstate Land Sales Full Disclosure Act subject a seller to ___ and ___
criminal penalties
civil damages
Land use is controlled through which 3 things?
1) public restrictions
2) private (nongovernmental) restrictions
3) direct public ownership of land
the state’s authority to create regulations to protect the public health, safety, and welfare
police power
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.
enabling acts
Enabling acts must be exercised in a reasonable manner, meaning they must be ___ and ___, ___, and applied to ___ in a similar manner.
clear and specific
nondiscriminatory
all property
land may be taken for public use through the government’s right of ___ or the process of ___ a d the owner must be given ___
eminent domain
condemnation
just (fair) compensation
Sets forth the development goals and objectives for the cummunity
comprehensive (or master) plan
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
zoning ordinances
zoning ordinances are designated in the ___
comprehensive plan
___ classifies property by uses and types
zoning
what are 10 ways zoning can be used?
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
zones that separate residential from nonresidential areas
buffer zones
___ zoning controls density
bulk
___ zoning specifies certain types of architecture for new buildings
aesthetic
___ zoning ensures certain uses are incorporated into developments
incentive
zoning is enforced through the use of ___
permits
___ specify standards for construction, plumbing, sewers, electrical wiring, and fire prevention equipment.
building codes
a(n) ___ is issued upon satisfactory completion of work for which the permit was issued
certificate of occupancy (occupancy permit)
___ and ___ regulations are adopted to maintain control of the development of expanding community areas so that growth is harmonious with the community standards
subdivision and land development
___ and ___ work together to plan whole communities that are later incorporated into cities, towns, or villages
city planners and land developers
land development must comply with the ___ adopted by counties, cities, villages, or towns
master plans (or comprehensive plans)
the process of ___ provides for utility easements
subdivision
the process of ___ lays out street patterns and widths
subdivision
where must a subdivider generally record a completed plat of subdivision?
county where land is located
___ usually place restrictions on the use of all lots in a subdivision as a general plan for the benefit of all future owners
subdividers
private land use controls are exercised by owners through ___ and ___.
deed restrictions
restrictive covenants
private restrictions may be enforced by obtaining a(n) ___ to ___
court injunction
stop a violator
the IL state constitution provides for certain units of government to exercise ___.
home rule authority
In IL when a county’s ordinance conflicts with a municipality’s, the ___ ordinance prevails
municipal
the IL human rights act prohibits ___ that discriminate on the basis of race, color, religion, or national origin
restrictive covenants
