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Details

MRP 19
#19 Land-Use Controls and Property Development
28
Real Estate & Planning
Professional
12/13/2014

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Cards

Term
Police power
Definition
States' inherent authority to create regulations needed to proetect the public health, safety, and welfare.
Term
comprehensive plan
Definition
A guide to planning for change instead of reacting to proposals. Usually long term of 20+ years. "big picture"
Term
Basic elements of systematic planning
Definition
1. Land Use
2. Housing needs of present and anticipated.
3. Movement of people and goods
4. Community facilities and utilities
5. Energy conservation
Term
zoning
Definition
a reuglatory tool that helps communities regulate and control how land is used for the protection of public health, safety, and welfare.
Term
zoning ordinances
Definition
implement the comprehensive plan and regulate and control of the use of land and structures within designated land-use districts. "details"
Term
enabling acts
Definition
confer zoning powers to local municipal governments.
Term
Planned unit development
Definition
Development where land is set aside for mixed-use purposes, such as residential, commercial and public areas.
Term
Buffer zones
Definition
areas to ease transition from one land use to another.
Term
bulk zoning
Definition
control density and avoid overcrowding by imposing restrictions such as setbacks, building heights and open areas
Term
aesthetic zoning
Definition
to specify certain types of achitecture for new buildings
Term
incentive zoning
Definition
to ensure certain uses are incorporated into developments.
Term
Common tests to ensure zoning validity
Definition
1. power is exercised in a reasonable manner
2. provisions are clear and specific
3. ordinances are nondiscriminatory
4. promotion of public health, safety and general welfare
5. application to all properties in a similar manner.
Term
Inverse condemnation
Definition
action brought by a property owner seeking just compensation for land taken for public use because the use and value have been diminished due to an adjacent property's public use.
Term
nonconforming use
Definition
A use of property not in accordance with the local zoning ordinances. Maybe allowed through grandfathering.
Term
variance
Definition
provides relief if zoning regulations deprive an owner of the reasonable use of the property.
Term
building codes
Definition
ordinances that specify construction standards that must be mt when repairing or erecting buildings.
Term
certificate of occupancy
Definition
issued by local municipal inspector. Indicates that a property is suitable for babitation by meeting certain safety and health standards.
Term
subdividers
Definition
split up land into parcels. May also be the developer.
Term
Developers
Definition
construct improvements on the subdivided parcels.
Term
Plat
Definition
detailed map that illustrates the geographic boundaries of individual lots. Shows blocks, sections, streets, public easements, and monuments. May also include engineering data and restrictive covenants.
Term
Impact fees
Definition
Charges made in advance of development to cover anticipated expenses involving off-site capital improvements such as expanding water and sewer facilities...
Term
Density zoning
Definition
restrict the average maximum number of houses per acre that may be built withn a particular subdivision.
Term
Restrictive covenants
Definition
limitations to the use of property imposed by a past owner or the current owner and are binding on future grantees.
Term
Covenants, conditions and restrictions
Definition
private rules set up by the developer that set standards for all the parcels with the defined subdivision.
Term
laches
Definition
the legal principle that a right may be lost through undue delay or failure to assert it.
Term
Interstate Land Sales Full Disclosure Act
Definition
Administered by the secretary of HUD. Requires a seller to file statements of record before they can offer unimproved lots in interstate commerce by telephone or through the mail. Must provide each purchaser or lessee with a printed report before contracts are signed.
Term
Disclosures an ILSFDA report must contain
Definition
1. Type of title being transferred to the buyer.
2. Number of homes currently occupied on the site.
3. Availability of recreation facilities.
4. Distance to nearby communities.
5. Utility services and charges
6. Soil conditions and foundation or construction problems.
Term
ILSFDA exemptions
Definition
Does not apply to subdivisions consisting of >25 lots.
Lots offered for sale solely to developers.
Lots on which buildings exist.
A lot that requires construction within 2 years.
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