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Chapter 6 - Land Use Controls
Modern Real Estate in NC 8th Edition 2014
Terms in this set (27)
Zoning ordinances that regular the appearance of real property, such as exterior color, exterior construction materials, require screening and fences.
Strip of land, usually used as a park or designated for a similar use, separating and screening land dedicated to one use from land dedicated to another use. e.g. residential and commercial.
The grouping of homesites in a sub-division on smaller lots than normal with the remaining land used as common area.
Written governmental permission allowing a use inconsistent with zoning but in the public interest.
Declarations of Restrictive Covenants
A statement of all covenants, conditions, and restrictions (CCR) affecting a parcel of land; sometimes noted on a plat map or in a separate document. Its restrictions are appurtenance and aimed to protect property values.
An ordinance that specifies minimum standards of construction for building to protect public safety and health.
Written governmental permission for construction, alteration, or demolition of an improvement, showing compliance with building codes and zoning ordinances.
State legislation that confers zoning powers on municipal governments.
Extra-territorial jurisdictions (ETJs)
A municipality's right to regulate development in an area adjacent to but not part of the city's corporate limits. Population determines if the power extends for 1-3 miles from the corporate limit.
FEMA - Federal Emergency Management Agency
A federal agency for emergency preparedness, response and recovery. Now under department of Homeland Security.
Flood hazard area
Property identified by flood certification to be in a flood-prone area with a likelihood that a flood may occur once every 100 years therefore usually requiring flood insurance if federally related financing is involved.
Historical preservation zoning
Zoning to preserve the historic nature of a particular property or neighborhood. Change will require a certificate of appropriateness from the necessary regulatory powers.
Interstate Land Sales Full Disclosure Act
A federal law regulating the interstate advertising and sale or lease of lots in subdivisions with 25 or more lot. Developer must provide a property report and register the subdivision with HUD
A legal doctrine to bar a legal claim or prevent the assertion of a right because of undue delay or failure to assert the claim or right.
A comprehensive plan to guide the longterm physical development of a particular area.
An existing use of property that is permitted to continue after a zoning ordinance prohibiting it has been established for the area; a grandfathered space use. Illegal use occurs when zoning in place before the prohibited use.
a type of zoning that is superimposed over another type of zoning, it can modify the use of the original zone.
Map of a subdivision indicating the location of boundaries are individual properties. Shows lots, blocks, easements, streets, flood plains, etc. Requires official approval before recordation.
The government's right to impose laws, statutes and ordinances, including zoning ordinances and building codes, to protect the public health, safety and welfare.
A mandatory federal and/or state documents complied by developers to provide potential purchasers with material facts about a property prior to its purchase.
See restrictive covenant.
Private agreements usually imposed by the owner when property is sold that limits the way the real estate ownership may be used. Frequently used by owner/developers to maintain specific standards in a subdivision. The covenants are appurtenances. Also called protective covenants.
Zoning that illegally singles out properties for either special or more restrictive treatment than is usual under the area's zoning ordinance.
A tract of land divided into 2 or more parcels by the owner, known as the subdivider, for the purpose of sale or development (either now or in the future); all land division involving the dedication of a new street or a change to an existing street.
Permission obtained from zoning authorities to build a structure or conduct a use that is expressly prohibited by the current zoning laws; an exemption from ordinances due to a unique hardship not created by the property owner.
An exercise of police power by a municipality to regulate and control the character and use of property. Zoning is local in nature.
certificate of occupancy
A certificate issued by a government authority stating that a building is fit for occupancy an there are no building code violations; the end result of a successful building permit.
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