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CLI Prelicensing > Unit 20 > Flashcards

Unit 20 Flashcards

1
Q

How is land use controlled

A

public and private limitations, direct ownership of land by federal, state and local governments

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2
Q

The largest owner of real estate in the US

A

US Government

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3
Q

Police Power

A

right of the government to pass laws to protect the public’s health, safety and welfare

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4
Q

Enabling Acts

A

states delegate to counties and local municipalities the authority to enact ordinances in keeping with general laws

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5
Q

Comprehensive plan

A

a guide that tries to anticipate changing needs; master plan

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6
Q

Zoning Ordinances

A

implement the comprehensive plan adn regulate and control the use of land and structures within designated land-use districts, in part by separating conflicting land uses

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7
Q

What does zoning affect

A
  1. permitted uses of each parcel of land
  2. lot sizes
  3. types of structures
  4. building heights
  5. setbacks
  6. Style and appearance of structures
  7. Density
  8. Protection of natural resources
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8
Q

Setbacks

A

the minimum distance from property boundaries that structures may be built

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9
Q

Density (zoning)

A

ratio of land area to structure area

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10
Q

Builing Envelope

A

lot within a lot that is within the zoning setbacks

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11
Q

What elements does systematic planning consider

A
  1. land use
  2. housing needs of present and anticipated residents
    3, ovement of people and goods
  3. communities facilities and utilities
  4. energy conservation
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12
Q

Land use

A

determining how much land may be proposed for residences, industries, businesses, agriculture, traffic and transit use, utilities, community facilities, park and recreational facilities, floodplains, and areas of special hazards

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13
Q

What does a comprehensive plan often include

A
  1. general plan that can be revised and updated more frequently
  2. plans for specific areas
  3. strategic plans
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14
Q

Who normally drafts a comprehensive plan

A

planning commission

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15
Q

Who approves the comprehensive plan

A

city council

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16
Q

What does the preparation of a comprehensive plan involve

A

surveys, studies, analyses of housing, demographic, and economic characteristics and trends

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17
Q

Planned Unit development

A

development where land is set aside for mixed-use purposes

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18
Q

4 main zoning classes

A

residential, commercial, industrial, agricultural

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19
Q

Buffer Zones

A

a strip of land separating land dedicated to one use from land dedicated to another use; eases the transition from one use to another

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20
Q

Zoning that focuses on special land-use objectives

A
  1. bulk zoning
  2. aesthetic zoning
  3. incentive zoning
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21
Q

Bulk zoning

A

controls density and avoids overcrowding by imposing restrictions such as setbacks, building heights, and percentage of open area or by restricting new construction projects

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22
Q

Aesthetic Zoning

A

specifies certain types of architecture for new buildings

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23
Q

Incentive Zoning

A

ensures that certain uses are incorporated into developments

24
Q

Purpose of zoning ordinances

A

to meet both the growing demand for a variety of housing types and the need for innovative residential and nonresidential development

25
Q

Zoning Permit

A

monitors compliance with zoning by requiring a property owner to obtain a permit before beginning any development; required before a building permit will be issued

26
Q

Nonconforming Use

A

a lot or an improvement that does not conform to the zoning use because it existed before the enactment or amendment of the zoning ordinance

27
Q

When is noncoforming use allowed

A
  1. complies with regulations governing nonconformities until the improvement is destroyed or torn down
  2. until the current use is abandoned
28
Q

Zoning Hearing Board

A

hears testimony about the effects a zoning ordinance may have on a specific parcel of property; hears petitions for an exception to the zoning laws

29
Q

Conditional Use Permit

A

granted to a property owner to allow a special use of property that is defined as an allowable conditional use within that zone

30
Q

Variance

A

permits a prohibited land use to avoid undue hardship

31
Q

How to quality for a variance

A

owner must demonstrate the unique circumstances that make the variance necessary; prove that the regulation has caued harm or created a burden

32
Q

How can a property owner seek a change in the zoning classification

A

obtaining an amendment to the district map or zoning ordinance for the area

33
Q

Building Codes

A

ordinances to specify construction standards that must be met when repairing or erecting builings

34
Q

Certificate of occupancy

A

indicates that the property is suitable for habitation; must be isssued before anyone moves in and usually before a lender will allow closing

35
Q

What is a building permit evidence of?

A

applican’t compliance with muicipal regulations

36
Q

Who controls laws governing subdividing and land planning?

A

state adn local governing bodies

37
Q

Subdivider

A

a person who buys undeveloped acreage and divides it into smaller lots for sale to individuals or developers or for the subdivider’s own use

38
Q

Developer

A

improves the land, constructs homes or other builds on the lots, and sells them

39
Q

Plat Mat

A

a detailed map illustrating the geographic boundaries of individual lots; shows the lots, blocks, sections, streets, public easements, and monuments in the prospective subdivision

40
Q

Density zoning ordinances

A

restrict the average maximum number of houses per acre that may be built within a particular subdivision

41
Q

Gross Density

A

average number of units in the development

42
Q

What do zoning ordinances dictate for subdivisions?

A

minimum lot sizes, population density requirements; must be at or below maximum density allowed to be within ordinances

43
Q

Deed Restrictions

A

limitations to the use of the property imposed by a past owner or the current owner by inclusion in the deed to the property and are binding on future grantees

44
Q

Restrictive Covenants (CC&R)

A

private rules set up by the developer that establish standards for all the parcels within teh defined subdivision or PUD

45
Q

Who enforces CC&Rs

A

HOA

46
Q

When are restrictive convenants valid

A

if they are reasonable restraints that benefit all property owners in the subdivision (protect property values or safety)

47
Q

laches

A

legal principal that a right may be lost through undue delay or failure to assert it

48
Q

Interstate Land Sales Full Disclosure Act (ILSA)

A

prevents fraudulent marketing schemes that may arise when land is sold without being seen by the purchasers

49
Q

What is required by a property seller by ILSA?

A

must file a statement of record with CFPB before offering unimproved lots in interstate commerce by telephone or through the mail; must contain numerous disclosures about the property

50
Q

ILSA exemptions

A
  1. does not apply to subdivisions consisting of fewer than 25 lots or which each lot is 20+ acres
  2. lots offered for sale solely to developers
  3. lots on which buildings exist or where a seller is obligated to construct a building within 2 years
51
Q

What information must be disclosed to a purchaser or lessee before they sign a purchase contract/lease according to ILSA

A
  1. type of title grated to the buyer
  2. # of homes currently occupied on site
  3. availability of recreation facilities
  4. distance to nearby communities
  5. utility services and cahrges
  6. soil conditions and foundation or construction problems
52
Q

Land development plan

A

subdivider must have a plan before actual subdividing that complies with the municipalitie’s comprehensive or master plan

53
Q

Impact fees

A

charges made in advance to cover anticipated expenses involving off-site capital improvements in a subdivisions

54
Q

What are common tests for determining the validity of zoning ordinances

A
  1. power be exercised in a reasonable manner
  2. provisions be clear and specific
  3. ordinances be nondiscrimintory
  4. ordinances promote the public health, safety, and general welfare under the government’s police power
  5. ordinances apply to all property in a similar manner
55
Q

What land use legislation is void?

A

destructive unreasonable, arbitrary, or confiscatory land-use legislation

56
Q

Government controls on property use

A

regulation of the use and disposal of hazardous materials by the federal government to the design, construction, and type of buildings that are permitted at the local level

CLI Prelicensing (23 decks)

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