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Flashcards in Chapter 6 Deck (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 (e.g., residential from commercial)


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. See certificate of occupancy


Certificate of Occupancy

A certificate issued by a government authority stating that a building is fit for occupancy and there are no building code violations; the end result of a successful building permit


Cluster Zoning

The 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: special-use permit


Declaration of Restrictive Covenants

A statement of all covenant, conditions and restrictions (CC&Rs) affecting a parcel of land; sometimes noted on the plat map or in a separate document. Restrictions are appurtenant and aim
to protect property values


Enabling Act

State legislation that confers zoning powers on municipal governments



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


Federal Emergency Management Agency

A federal agency responsible for disaster preparedness, response and recovery. Now under Department of Home- land 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 will require 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 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


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; a grandfathered use. Illegal nonconforming use occurs when zoning in place before the prohibited use


Overlay District

A type of zoning that is superimposed over another type of zoning. The overlay zone can modify the use of the original zone.

Common example is when an area that is zoned single-family residential is also designated as a flood zone. This means that additional restrictions and reg lations are imposed on developments and improvements in that area. Two other examples of overlay districts are historic preservation and aesthetic zoning


Plat Map

A map of a subdivision indicating the location and boundaries of individual properties. Generally shows lots, blocks, easements, streets, floodplains, etc. Usually requires official approval before recordation


Police Power

The government’s right to impose laws, statutes, and ordinances, including zoning ordinances and building codes, to protect the public health, safety, and welfare


Property Report

The 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

Enforceable conditions that restrict the manner in which an owner may use his/her property

Replaces Restrictive Covenants


Restrictive Covenant

Limitations on the right to use land


Spot Zoning

Zoning that illegally singles out property for either special or more restrictive treatment than is usual under the area zoning ordinance



A tract of land divided into two or more par- cels 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 in 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 unique hardship not created by the property owner


Zoning Ordinances

An exercise of police power by a municipality to regulate and control the character and use of property. Zoning is local in nature