Unit 20: Land Use Controls and Property Development

Question 1

Buffer Zone

Answer 1

A strip of land, usually used as a park or designated for a similar use, separating land dedicated to one use from land dedicated to another use (e.g., residential from commercial).

Question 2

Building Code

Answer 2

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

Question 3

Comprehensive Plan

Answer 3

A detailed plan to guide the long-term physical development of a particular area. Usually 20 years or more. Includes (1) a general plan that can be revised and updated more frequently, (2) plans for specific areas, and (3) strategic plans.

Question 4

Conditional-use Permit

Answer 4

Written governmental permission allowing a use inconsistent with zoning but necessary for the common good, such as locating an emergency medical facility in a predominantly residential area. (also called a special use permit)

Question 5

Covenants, Conditions, And Restrictions (CC&Rs)

Answer 5

Private rules set up by the developer that set standards for all the parcels within a defined subdivision. CC&Rs typically govern the type, height, and size of buildings that individual owners can erect, as well as land use, architectural style, construction methods, setbacks, and square footage. CC&Rs are enforced by the homeowners association.

Question 6

Density Zoning

Answer 6

Zoning ordinances that restrict the maximum average number of houses per acre that may be built within a particular area, generally a subdivision. (also called bulk zoning)

Question 7

Developer

Answer 7

One who attempts to put land to its most profitable use through the construction of improvements.

Question 8

Enabling Acts

Answer 8

State legislation that confers zoning powers on municipal governments.

Question 9

Interstate Land Sales Full Disclosure Act Of 1968

Answer 9

Federal law that regulates the sale of certain real estate in interstate commerce. Under the act, the purchaser has the right to revoke any contract to purchase a regulated lot until midnight on the seventh day after the contract was signed. It requires land developers to register subdivisions of 100 or more nonexempt lots with HUD and to provide each purchaser with a disclosure document called a property report.

Question 10

Laches

Answer 10

An equitable doctrine used by courts 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 11

Nonconforming Use

Answer 11

A use of property that is permitted to continue after a zoning ordinance prohibiting it has been established for the area.

Question 12

Plat Map

Answer 12

A map of a town, section, or subdivision indicating the location and boundaries of individual properties. Also called a subdivision plat.

Question 13

Restrictive Covenants

Answer 13

A clause in a deed that limits the way the real estate ownership may be used. limitations to the use of property imposed by a past owner or the current owner. limitations to the use of private property.

Question 14

Subdivider

Answer 14

One who buys undeveloped land, divides it into smaller, usable lots, and sells the lots to potential users.

Question 15

Subdivision

Answer 15

A tract of land divided by the owner, called the subdivider, into blocks, building lots, and streets according to a recorded subdivision plat, which must comply with local ordinances and regulations.

Question 16

Variance

Answer 16

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 the zoning ordinances.

Question 17

Zoning Ordinance

Answer 17

An exercise of police power by a municipality to regulate and control the character and use of property.

Question 18

Illinois - POWERS OF HOME RULE UNITS

Answer 18

A County which has a chief executive officer elected by the electors of the county and any municipality which has a population of more than 25,000 are home rule units. Other municipalities may elect by referendum to become home rule units.

Question 19

planned unit development (PUD)

Answer 19

a development where land is set aside for mixed-use purposes, such as residential, commercial, and public areas. Zoning regulations may be modified for PUDs.

Question 20

Impact fees

Answer 20

charges made in advance to cover anticipated expenses involving offsite capital improvements such as water and sewer facilities expansion, additional roads, and school expansions. To protect local taxpayers against the costs of a heightened demand for public services, many local governments strictly regulate nearly all aspects of subdivision development and may impose impact fees.

Question 21

describe enabling statutes in Illinois

Answer 21

They grant counties, cities, and villages the power to make and enforce local zoning ordinances.

Question 22

Under Illinois constitution, if a village(municipality) ordinance conflicts with a county ordinance, which ordinance prevails?

Answer 22

the village’s law will prevail because municipal ordinances supersede county ordinances under the Illinois constitution. If any ordinance of a home rule county conflicts with any ordinance of a home rule municipality, the municipal ordinance prevails.

Question 23

Zoning powers are conferred (granted) on municipal governments by…

Answer 23

The answer is by state enabling acts. No nationwide or statewide zoning ordinances exist. Rather, zoning powers are conferred on municipal governments by state enabling acts.

Question 24

The position of a building on its site in relationship to its surroundings is normally referred to as its:

Answer 24

Orientation

Question 25

Common ownership of two or more units that have been combined to make the value of the new property greater than the values of each individual lot added together.

Answer 25

Plottage

Question 26

Assemblage

Answer 26

is the process by which multiple lots are combined.