Flashcards in chapter 20 Deck (33)
what is police powers?
is their inherent authority to create regulations need to protect the public health safety and welfare. through enabling act, state delegate to counties and local municipalities the authority to enact ordinance in keeping with general laws. the increasing demands placed on finite natural resource have made it necessary for cities and towns to increase their limitations on the private use of real estate. there are now controls over noise, air and water pollution as well as population density.
what is article VII of Illinois constitution allow?
it allows for home rule units of government. any municipality with a population in excess of 25,000 and any county that a chief executive officer elected by the people are automatically home rule units. However, a home rule unit may elect by referendum to become a home rule unit of government. townships are not allowed to be home rule units
what is home rule unit of government allow sometimes?
may exercise any power and perform any function pertaining to its government, including the exercise of police power by way of laws that control uses of the land. Home rule units also have greater freedom to enforce their laws, including the power to jail offender for six months. Non home rule units derive their authority to pass land use controls from the state government.
what is happen if there is conflict between home rule country and home rule municipality?
the laws of one unit of government conflict with another's. if any ordinance of home rule country with any of the home rule municipally, the municipal; ordinance prevails.
what has greater power townships zoning or county zoning?
township zoning must give way to county zoning and township are not empowered to pass subdivision controls or building codes.
what is comprehensive plan for local and county?
they development goals by creating a plan
1. land use
2. housing needs of present and anticipated residents
3. movement of people and good
4. community facilities and utilities
5. energy conservation to reduce energy consumption
what is zoning?
is regulatory tool that helps communities regulate and control how land is used protection of public health, safety and welfare.
what is zoning ordinance?
are local laws that implement the comprehensive plan and regulate and control the use of land structure with designated land use districts. if the comprehensive is the big picture, zoning make up the detail.
Is there national zoning?
what is zoning objective?
land is divided zones, these zones are identified by a coding system that outlines how the land may be used according to the code. Common zoning classification include "C" for commercial "R" for residential and "A" agricultural
what is does "PUD" stand for?
planned unit development
what is does plan unit development do?
is development where land is set aside for mixed used purpose
what is a buffer zone?
it typically a strip of land separating dedicated to one use form land dedicated to another use
what is other use for buffer zone?
1. bulk zoning
2. aesthetic zoning
3. incentive zoning
what is bulk zoning?
control density and avoid overcrowding by imposing restriction such as setbacks, building heights and percentage of open area or by restricting new construction projects
what is aesthetic zoning?
specify certain type of architecture for new buildings
what is incentive zoning?
ensure that certain uses are incorporated into development, such as requiring at the street floor of an office building to house retail establishment
what is taking?
is similar to eminent domain in that is it comes for the take clause. Fifth amendment to the U.S. Constitution. the clause reads "nor shall private be taken for use, without just compensation" this mean that when land is taken for public use through the government's power of eminent domain or compensation, the owner must be paid. this payment is referred to as just compensation.
what is inverse condemnation?
is action brought by property owner seeking just compensation for land taken for land taken for a public use where it appears that the taker of the property doses not intend to bring eminent domain proceeding. the property is condemned because its use and value have been diminished dee to an adjacent property public use
what is zoning permit?
compliance with zoning can monitored by requiring that property owners obtain permits before they begin any development. a permit will not be used obtain unless a proposed development conforms to the permitted zoning
what is nonconforming use?
lot or an improvement does not conform to the zoning law because it existed before the enactment or amendment of the zoning ordinance.
what is variance and conditional permit?
Once a plan or zoning ordinance is enacted, property owner and developer know that can and cannot on their property. However, they may want to propose change to the existing zoning in order to use their property somewhat differently.
how is conditional use usually grant?
a property owner to allow special use of property, defined as an allowable conditional use, within that zone, such as a house of worship or day care center in residential district. for conditional use to be appropriate, intended use must meet certain standard set by the municipality
what is variance?
provides relief if zoning regulation deprive an owner of the reasonable use of the property.
how do you qualify for variance?
the owner muse demonstrate the unique circumstances that make the variance necessary. in addition, the owner must prove that she harmed and burdened by the regulations. any such variance is said to "run with the land" meaning the exception is passed on the nay later owners after a change has been made.
what is subdivider?
is person who buys undeveloped acreage and divides it into smaller lots for sale to individuals or develops or the subdivider's own use.
what is a developer?
improves the land, constructs homes or other building on the lots and sell them.
what is plats?
is detailed map that illustrates the geographic boundaries of individual lots. it show the block, section, streets, public easement and monument in the prospective subdivision. once a plat is properly recorded, its may be used as an adequate description of real property
what is subdivision plans?
in plotting out subdivision according to local planning and zoning controls, a subdivision usually determines the size as well the location of the lots.