Chapter 6

Question 1

Aesthetic Zoning

Answer 1

Zoning ordinances that regulate the appearance of real property, such as exterior color, exterior construction material, required screening and fencing

Question 2

Buffer Zones

Answer 2

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)

Question 3

Building Codes

Answer 3

An ordinance that specifies minimum standards of construction for buildings to protect public safety and health

Question 4

Building Permit

Answer 4

Written governmental permission for the construction, alteration, or demolition of an improvement, showing compliance with building codes and zoning ordinances. See certificate of occupancy

Question 5

Certificate of Occupancy

Answer 5

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

Question 6

Cluster Zoning

Answer 6

The grouping of homesites within a subdivision on smaller lots than normal, with the remaining land used as common area.

Question 7

Conditional-use Permit

Answer 7

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

Question 8

Declaration of Restrictive Covenants

Answer 8

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

Question 9

Enabling Act

Answer 9

State legislation that confers zoning powers on municipal governments

Question 10

Extra-Territorial-Jurisdictions

Answer 10

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

Question 11

Federal Emergency Management Agency

Answer 11

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

Question 12

Flood Hazard Area

Answer 12

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

Question 13

Historic Preservation Zoning

Answer 13

Zoning to preserve the historic nature of a particular property or neighborhood. Change will require a certificate of appropriateness from the necessary regulatory power

Question 14

Interstate Land Sales Full Disclosure Act

Answer 14

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

Question 15

Laches

Answer 15

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

Question 16

Master Plan

Answer 16

A comprehensive plan to guide the long- term physical development of a particular area

Question 17

Nonconforming Use

Answer 17

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

Question 18

Overlay District

Answer 18

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

Question 19

Plat Map

Answer 19

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

Question 20

Police Power

Answer 20

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

Question 21

Property Report

Answer 21

The mandatory federal and/or state documents compiled by developers to provide potential purchasers with material facts about a property prior to its purchase

Question 22

Protective Covenant

Answer 22

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

Replaces Restrictive Covenants

Question 23

Restrictive Covenant

Answer 23

Limitations on the right to use land

Question 24

Spot Zoning

Answer 24

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

Question 25

Subdivision

Answer 25

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

Question 26

Variance

Answer 26

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

Question 27

Zoning Ordinances

Answer 27

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