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States' inherent authority to create regulations needed to proetect the public health, safety, and welfare. |
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A guide to planning for change instead of reacting to proposals. Usually long term of 20+ years. "big picture" |
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Basic elements of systematic planning |
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1. Land Use 2. Housing needs of present and anticipated. 3. Movement of people and goods 4. Community facilities and utilities 5. Energy conservation |
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a reuglatory tool that helps communities regulate and control how land is used for the protection of public health, safety, and welfare. |
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implement the comprehensive plan and regulate and control of the use of land and structures within designated land-use districts. "details" |
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confer zoning powers to local municipal governments. |
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Development where land is set aside for mixed-use purposes, such as residential, commercial and public areas. |
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areas to ease transition from one land use to another. |
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control density and avoid overcrowding by imposing restrictions such as setbacks, building heights and open areas |
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to specify certain types of achitecture for new buildings |
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to ensure certain uses are incorporated into developments. |
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Common tests to ensure zoning validity |
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1. power is exercised in a reasonable manner 2. provisions are clear and specific 3. ordinances are nondiscriminatory 4. promotion of public health, safety and general welfare 5. application to all properties in a similar manner. |
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action brought by a property owner seeking just compensation for land taken for public use because the use and value have been diminished due to an adjacent property's public use. |
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A use of property not in accordance with the local zoning ordinances. Maybe allowed through grandfathering. |
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provides relief if zoning regulations deprive an owner of the reasonable use of the property. |
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ordinances that specify construction standards that must be mt when repairing or erecting buildings. |
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issued by local municipal inspector. Indicates that a property is suitable for babitation by meeting certain safety and health standards. |
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split up land into parcels. May also be the developer. |
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construct improvements on the subdivided parcels. |
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detailed map that illustrates the geographic boundaries of individual lots. Shows blocks, sections, streets, public easements, and monuments. May also include engineering data and restrictive covenants. |
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Charges made in advance of development to cover anticipated expenses involving off-site capital improvements such as expanding water and sewer facilities... |
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restrict the average maximum number of houses per acre that may be built withn a particular subdivision. |
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limitations to the use of property imposed by a past owner or the current owner and are binding on future grantees. |
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Covenants, conditions and restrictions |
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private rules set up by the developer that set standards for all the parcels with the defined subdivision. |
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the legal principle that a right may be lost through undue delay or failure to assert it. |
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Interstate Land Sales Full Disclosure Act |
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Administered by the secretary of HUD. Requires a seller to file statements of record before they can offer unimproved lots in interstate commerce by telephone or through the mail. Must provide each purchaser or lessee with a printed report before contracts are signed. |
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Disclosures an ILSFDA report must contain |
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1. Type of title being transferred to the buyer. 2. Number of homes currently occupied on the site. 3. Availability of recreation facilities. 4. Distance to nearby communities. 5. Utility services and charges 6. Soil conditions and foundation or construction problems. |
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Does not apply to subdivisions consisting of >25 lots. Lots offered for sale solely to developers. Lots on which buildings exist. A lot that requires construction within 2 years. |
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