Unit 6

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 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.

Certificate of Occupancy (CO)

A certificate issued by a government authority stating that a building is fit for occupancy and there are no building code violations; the end result of a successful building permit.

Cluster zoning

The practice of slightly reducing the sizes of the individual lots and clustering the lots around varying street plans such as cul-de-sacs to create more open space in a development.

Conditional use permit

Written governmental permission allowing a use inconsistent with zoning but necessary for the common good, 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 act

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, response 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.

Historic preservation zoning

Zoning to preserve the historic nature of a particular property or neighborhood. Change will require a certificate of appropriateness from the necessary regulatory power.

Interstate 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 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 and can modify the use of the original zone.

Plat map

A map of a subdivision indicating the location and boundaries of individual properties. Generally shows lots, blocks, easements, streets, floodplains, etc. Usually requires official 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 compiled by developers to provide potential purchasers with material facts about a property prior to its purchase.

Protective 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 a subdivision. The covenants are appurtenant.

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 a subdivision. The covenants are appurtenant. Also called protective covenants.

Spot zoning

Zoning that illegally singles out property for either special or more restrictive treatment than is usual under the area zoning ordinance.

Straight piping

An often illegal sewage disposal system that transports raw or partially settled sewage directly to a lake or stream, to a drainage system, or onto the ground.

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 zoning laws; an exemption from ordinances due to unique hardship not created by the property owner.

Wetlands

Areas periodically inundated or saturated to the extent that they can or do support vegetation adapted to aquatic conditions.

Zoning ordinance

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