Unit 20: Land-Use Controls and Property Development

The Interstate Land Sales Full Disclosure Act does NOT apply to subdivisions consisting of fewer than

25 lots or to those in which each lot is 20 acres or more.

planned unit development (PUD)

A development where land is set aside for mixed-use purposes, such as residential, commercial, and public areas.

Interstate Land Sales Full Disclosure Act (ILSA)

A federal law that regulates the sale of certain real estate in interstate commerce.

plat map

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

bulk zoning

A special type of zoning used to control density by imposing restrictions, such as setbacks or limiting new construction

buffer zone

A strip of land separating one land use from another. Areas such as parks used to screen residential from nonresidential areas

When is a certificate of occupancy issued?

After building construction work has been inspected and found satisfactory by the municipal inspector

zoning ordinances

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

Zoning powers are conferred on municipal governments in which of the following ways?

By state enabling acts

A restriction in a seller's deed may be enforced by which of the following?

Court injunction

What is NOT included in public land-use controls?

Covenants, conditions, and restrictions

Covenants, conditions, and restrictions (CC&Rs) are regulations established under the police powers of the local government for the developer to implement to set standards for all the parcels within the defined subdivision.

False

Most municipalities have enacted ordinances to specify construction standards that must be met when repairing or erecting buildings referred to as building covenants.

False

Over the years, the government's policy has been to discourage private ownership of land.

False

The detailed map that illustrates the geographic boundaries of individual lots showing the blocks, sections, streets, public easements, and monuments in the prospective subdivision is called a plot.

False

The state's enabling acts confer zoning powers to local municipal governments in order to comply with nationwide zoning ordinances.

False

Zoning is a regulatory tool that helps communities regulate and control how land is used primarily as a vehicle for private enterprise growth.

False

In one city, developers are limited by the zoning law to constructing no more than an average of three houses per acre in any subdivision. What does this restriction regulate?

Gross density

deed restrictions

Limitations to the use of property imposed by a past owner or the current owner by inclusion in the deed to the property and are binding on future grantees.

subdivision

Most municipalities have enacted ordinances to specify construction standards that must be met when repairing or erecting buildings referred to as building covenants.

developer

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

subdivider

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

certificate of occupancy

Permission by the municipal inspector to occupy a completed building structure after being inspected and having complied with building codes.

Which of the following items would usually NOT be shown on the plat map for a new subdivision?

Prices of residential and commercial lots

covenants, conditions, and restrictions (CC&Rs)

Private agreements that affect land use. They may be enforced by an owner of real estate that benefits from them and can be included in the seller's deed to the buyer.

comprehensive plan

The device by which local governments establish development goals

Deed restrictions are limitations on the use of property imposed by a past owner or the current owner and are binding on future grantees.

True

Developing is generally a more extensive activity than subdividing.

True

Local governments, municipalities, and counties establish development goals by creating a comprehensive plan, also called a master plan.

True

Once a structure has been completed, inspected, and found satisfactory, the municipal inspector issues a certificate of occupancy or occupancy permit

True

The federal legislation established to prevent fraudulent marketing schemes that may arise when land is sold without being seen by the purchasers is the Interstate Land Sales Full Disclosure Act.

True

Under the federal act that governs the marketing of certain lands, subdivision properties consisting of fewer than 25 lots or those in which each lot is 20 acres or more are excluded from its provisions.

True

density zoning

Zoning ordinances that restrict the maximum average number of housing units per acre that may be built within a particular area, generally a subdivision.

restrictive covenants

a clause in a deed that limits the way the real estate ownership may be used

nonconforming use

a lot or improvement that is not in harmony with current zoning because it existed prior to the enactment or amendment of the zoning

All of the following are legal deed restrictions EXCEPT

allowable ethnic origins of purchasers.

Restrictive covenants

apply to and bind successive owners of the property.

Density zoning ordinances restrict the

average maximum number of dwelling units per acre that may be built within a particular subdivision.

The transition from one land use to another is often eased by the creation of a

buffer zone.

Construction standards that must be met when repairing or erecting buildings are called

building codes.

One of the MOST important uses of zoning ordinances is to dictate

building density.

A property owner who wants to build a structure or alter or repair an existing building usually must obtain a

building permit

The permit from the local government indicating that a property is suitable for habitation is called a

certificate of occupancy

A property that is suitable for habitation will be issued a

certificate of occupancy.

A municipality establishes development goals in its

comprehensive plan.

The purpose of bulk zoning is to

control density and avoid overcrowding

Over the years, the government's policy has been to

encourage private ownership of land.

The purpose of building permits is to

ensure compliance with building codes.

Government ownership of land refers to land owned by the

federal, state, and local governments.

A subdivision had a deed restriction, covering all the properties in the subdivision, that set aside the back six feet of each parcel as a combination green-belt area and bicycle path. A homeowner plans to convert the back one-half of her yard, including this set-aside space, into an organic garden. Her neighbor can

go to court in an attempt to obtain an injunctive relief

conditional-use permit

granted to a property owner to allow a special use of property that is defined as an allowable conditional use within that zone, such as a house of worship or daycare center in a residential district.

Under its police powers, a municipality may regulate all of the following about housing in a development EXCEPT

identity of ownership.

MOST governmental controls on property occur at the

local level.

A restrictive covenant

may or may not have a time limitation.

According to statistics on land ownership in the United States compiled by the U.S. Department of Agriculture,

more than 60% of the land area is privately owned.

Construction standards that must be met when repairing or erecting buildings are usually enacted by

municipalities.

A plat for a proposed subdivision is submitted to the

municipality.

A developer built a structure that has six stories. Several years later, an ordinance was passed in that area banning the construction of any building six stories or higher. This building MOST likely has a

nonconforming use.

A land use that has been grandfathered in is known as a

nonconforming use.

The comprehensive plan, also called a master plan, is

not a regulatory document but rather a guide to proactive planning for change

Restrictive covenants can be used to restrict

property building height.

Zoning ordinances should

remain flexible to meet changing needs.

Zoning ordinances normally define specific uses for land that are permitted within a municipality. All of the following are designated uses in such ordinances EXCEPT

rental.

building permit

required of a property owner who wants to alter or repair an existing building or to build a new structure.

building code

set many requirements for such things as materials and standards of workmanship, sanitary equipment, electrical wiring, and fire prevention.

Under the Interstate Land Sales Full Disclosure Act (ILSA), a developer is required to provide each purchaser of property with a printed report before the purchaser

signs a purchase contract.

aesthetic zoning

specify certain types of architecture for new buildings

enabling acts

states delegate to counties and local municipalities the authority to enact ordinances in keeping with general laws

Some states' laws regulate sales of land located both inside and outside the states. These state land sales laws tend to be

stricter and more detailed than the federal law.

A person who buys undeveloped acreage and divides it into smaller lots for sale to individuals or developers is called a

subdivider.

A map illustrating the sizes and locations of streets and lots in a subdivision is called a

subdivision plat map.

The sale of property in one state to buyers in another state is

subject to strict federal and state regulations.

Specific information required to be disclosed in the report from a seller of property subject to the Interstate Land Sales Full Disclosure Act does NOT include

the population of nearby cities or communities.

Government ownership of national and state parks and forests, schools, museums, and various government buildings helps serve the best interests of

the public.

Under the Interstate Land Sales Full Disclosure Act, lots offered for sale are exempt from the Act where a seller is obligated to construct a building within

two years.

Systematic planning for orderly growth does NOT include

unlimited land use for residential purposes.

variance

will provide relief if a zoning regulation deprives an owner of the reasonable use of the property.

The U.S. Congress created the Interstate Land Sales Full Disclosure Act to prevent fraudulent marketing schemes that may arise when land is sold

without being seen by the purchasers.

To determine whether a location can be put to future use as a retail store, one would examine the

zoning ordinance.