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Ch. 5

Vocab: Land Use Controls

Amendment A change or modification of a zoning ordinance by the local legislative authority.
Building Codes Public controls regulating construction that establish minimum construction standards.
Certificate of Occupancy (C.O.) A document issued by a local government agency after a satisfactory inspection of a structure, authorizing the occupancy of the structure.
Conditions for Selling Subdivisions Subdivision buyer told: -If final plat isn't recorded. -No gov't body promises final plat approval. -Can end contract if orig. + final plats differ. -After getting plat, buyer has at least 5 days to close (no difference), 15 days (differences).
Covenant A promise in writing.
Deed Restrictions Limitations on land use appearing in deeds. Also known as restrictive/protective covenants.
Enabling Acts NC laws passed by state legislatures authorizing cities and counties to regulate land use within their jurisdiction.
Injunction An instrument of a court to discontinue a specified activity.
Interstate Land Sales Full Disclosure Act A federal law regulating the interstate sale of land (unimproved lots) under certain conditions. Act administered by HUD and it prevents fraudulent marketing schemes when land is sold by misleading sales practices on a sight-unseen basis. Has exemptions.
Master Plan Created for the purpose of providing for the orderly growth of a community that will result in the greatest social and economic benefits to the people in the community.
Negative Covenants or Easements Promises on the part of the purchasers of property in the subdivision to limit their use of their property to comply with the requirements of the restrictive/protective covenants.
Nonconforming Use A use of land that does not conform to the use permitted by a zoning ordinance for the area but is allowed to continue because it preceded the zoning ordinance.
Overlay District A zoning devices that superimposes a particular zoning over one or more zoning areas. Examples = flood zones and historic preservation districts.
Planned Unit Developments (PUDs) A type of zoning ordinance which permits a special use; thereby enabling a designated area or subdivision to have a combination of property types, such as residential housing, recreation facilities, and business establishments.
Private Land Use Controls The regulations of land use by individuals or nongovernmental organizations in the form of deed restrictions and restrictive covenants.
Property Report Disclosure required under Interstate Land Sales Disclosure Act. Requires developer to provide each purchaser/lessee of property with this form that discloses specific info about the land before purchase/lease contracts are signed.
Public Land Use Controls The regulation of land use by government organizations in the form of zoning laws, building codes, subdivision ordinances, and environmental protection laws.
Restrictive/Protective Covenants Limitations on land use binding on all property owners. A form of private land use control. Example = subdivision property owner land use limitations set forth by developer/builder.
Run with the Land Rights that move from grantor to grantee along with a title.
Setback The distance from a front or interior property line to the point where a structure can be located.
Special Use An exception built into a zoning ordinance that must be granted if the criteria for the exception are met.
Spot Zoning The rezoning of a particular property in a zoned area to permit a use different from that authorized for the rest of the area. It is illegal unless there is a clearly established, reasonable basis for it.
Statement of Record A document disclosing specific information that the developer must file with HUD (Housing and Urban Development) before offering unimproved lots in interstate commerce by telephone or through the mail. Requires disclosure of info about property.
Subdivision Regulations (Ordinances) Public control of the development of residential subdivisions to protect purchasers of property within subdivisions & protect taxpayers in the city/county from significantly increased tax burdens due to demands for services created by new subdivisions.
Variance A permitted deviation from specific requirements of a zoning ordinance because of the special hardship to a particular property owner. Has no obligation to be granted even if requirements are met.
Zoning Ordinance A statement setting forth the type of use permitted under each zoning classification and specific requirements for compliance. Consists of 2 parts: zoning map (divides community into various designated districts) & text of the ordinance (permitted uses).
Types of Zoning Concepts 1. Nonconforming use 2. Illegal use 3. Zoning amendments 4. Variance 5. Special use (exception) 6. Overlay districts 7. Historic preservation zoning 8. Aesthetic zoning 9. Spot zoning
Types of Zoning Compliance 1. Legal use 2. Legal non-conforming use 3. Illegal use
Conditions Restrictions that provide for a reversion of title if they are violated. If a condition is violated, ownership reverts to the grantor, his heirs, or assigns.
Created by: laurenk1996