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Chapter 6
Land Use Controls
| Terms | Definition |
|---|---|
| Aesthetic zoning | Zoning ordinances that regulate the appearance of real property, such as exterior color, exterior construction material, required screening and fencing |
| Buffer zone | 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 code | 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 (CO) | A certificate issued by a government authority stating that a building is fit occupancy and there are no building code violations; the end result of a successful building permit |
| cluster zoning | The clustering of residential lots in cul de sacs to increase open space 2) permits planned unit development |
| 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 acts | State legislation that confers zoning powers on municipal governments |
| Extra-territorial jurisdictions | (ETJs) 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 (FEMA) | A federal agency responsible for disaster preparedness, reponse and recovery. Now 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 |
| Hisoric preservation zoning | Zoning to preserve the historic nature of a particular property or neigborhood. Change will require a certificate of appropriateness from the necessary regulatory power |
| Intstate 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 |
| 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; 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 |
| Plat map | A map of a subdivision indicating the location and boundaries of individual properties. Generally shows lots, blocks, easements, street, floodplains, etc. Usually requires offical 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 by developers to provide potential purchasers with material facts about a property prior to its purceKase. |
| protective covenant | same as restrictive covenants, defined by ncrec as an enforceable conditions that restrict the manner in which an owner may use their property |
| 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 owner/developer to maintain specific standards in subdivision. The covenants are appurtenant. Also called p |
| Spot zoning | Zoning that illegally singles out property for either special or more restrictive treatment than is usual under the area zoning ordinance |
| Subdivision | A tract of land divided into two or more parcels 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 |
| Variance | Permission obtained from zoning authorities to build a structure or conduct a use that is expressly prohibited by the current zonning laws, an exemption from ordiances due to unique hardship not created by the property owner |
| Zoning ordinance | An 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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