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Chapter 6 RE Terms

Terms in this set (27)

Aesthetic Zoning
Zoning ordinances that regulate the appearance of real property, such as exterior color, exterior construction material, required screening and fencing.
Buffer Zones
A 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.
Building Codes
An ordinance that specifies minimum standards of construction for buildings to protect public safety and health.
Building Permit
Written governmental permission for the construction, alteration, or demolition of an improvement, showing compliance with building codes and zoning ordinances.
Certificate of Occupancy
A certificate issued by a government authority stating that the building is fit for occupancy and there are no building code violations; the end result of a successful building permit
Cluster Zoning
Grouping of homesites within a subdivision on smaller lots than normal, with the remaining land used as common area
Conditional-use permit
Written governmental permission allowing a use inconsistent with zoning but in the public interest, such as locating an emergency medical facility in a predominantly residential area.
Declaration of Restrictive Covenants
A statement of all covenant, conditions, and restrictions affecting a parcel of land; sometimes noted on the plat map or in a separate document. Restrictions are appurtenances and aim to protect property values.
Enabling Act
State legislation that confers zoning powers on municipal goverments
Extra-territorial jurisdictions
A municipality's right to regulate development in areas adjacent to but not part of the city's corporate limits. Population determines if the power extends for 1 to 3 miles from the corporate limits.
FEMA
A federal agency responsible for disaster preparedness, response and recovery. 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.
Historic preservation zoning
Zoning to preserve the historic nature of a particular property or neighborhood. Change requires a certificate of appropriateness from the necessary regulatory power.
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 lots. Developer must be provided a property report and register the subdivision with HUD.
Laches
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.
Master Plan
A comprehensive plan to guide the long term physical development of a particular area.
Nonconforming use
An existing use of property that is permitted to continue after a zoning ordinance prohibiting it has been established for the area; grandfathered use. Illegal nonconforming use occurs when zoning in place before it is prohibited.
Overlay district
Property that lies over 2 zoning ordinances. Example: Historical and Flood zone.
Plat map
A map of a subdivision indicating the location and boundaries of individual properties. Generally shows lots, blocks, easements, streets, flood plains etc. Usually requires official approval before recordation.
Police Power
Governments right to impose laws, statutes, and ordinances, including zoning ordinances and building codes, to protect the public health, safety and welfare.
Property Report
Mandatory federal and/or state documents compiled by developers to provide potential purchasers with material facts about a property prior to its purchase.
Protective Covenant
Another word for restrictive covenants.
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 developer/owner to maintain specific standards in a subdivision. Covenants are appurtenant. Also called protective covenants
Spot Zoning
Zoning that illegally singles out property for either special or more restrictive treatment than is usual under the area zoning ordinance.
Subdivision
Tract of land divided into 2 or more parcels by the owner, known as the subdivided, for the purpose of sale or development; all land division involving the dedication of a new street or a change in an existing street.
Variance
Permission obtained from zoning authorities to build a structure or conduct a use that is expressly prohibited by the current zoning laws; an exception from ordinances due to unique hardship not created by the property owner.
Zoning Ordinances
Exercise of police power by a municipality to regulate and control the character and use of property. Zoning is local in nature.
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