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Chapter 6

Land Use Controls

TermsDefinition
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
Created by: feefee830