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33 Cards in this Set
- Front
- Back
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What state uses police power to protect the public health, safety and, welfare. What acts do states use to enact ordinances? |
Enabling acts |
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What are the rules for home-rule units? |
Article 7 of the Illinois constitution states any municipality in excess of 25,000 or any county that has a CEO elected are home rule units |
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What are not allowed to be home-rule units? |
Townships cannot be home rule units |
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What can home rule units do? |
They can enforce their laws, and jail offenders for up to six months. |
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What is a guide to planning for change rather than reacting to proposals? |
A comprehensive plan or master plan 20 years or longer term |
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What is a regulator tool that helps communities regulate and control how land is used? |
Zoning ordinances Local laws that implement the comprehensive plan and regulate the control of Use of land |
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Zoning ordinances exist at what level? (They are not static but change according to society's needs) |
Not nation-wide or statewide. Conferred on municipal by state enabling acts Affects: Permitted uses of each parcel of land lot sizes Types of structures allowed |
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What are land zones divided into? |
C- Commercial R-Residential A-Agricultural PUD- Development where land is set aside for mixed-use purposes |
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What is a strip of land dedicated to one use from land |
Buffer Zone |
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What type of zoning is used to control density and avoid overcrowding? |
Bulk Zoning or Density zoing |
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What zoning specifies certain types of architecture for a new building? |
Aesthetic zoning |
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What zoning ensures that certain uses are incorporated into developments? |
Incentive zoning |
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What concept is similar to eminent domain in that it comes from a clause of the 5th amendment stating the owner must be compensated if property is taken and just and fair? |
Taking No land is exempt from government seizure |
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What is an action brought by a property owner seeking just compensation for land taken for a public use when it appears that the taker of the property does not intend to bring eminent domain proceedings? |
Inverse Condemnation |
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How can we determine just compensation? |
The before and after method. This is used primarily where a portion of an owner's property is seized for public use. The value of the owner's remaining property after the taking is subtracted from the value of the whole parcel before the taking. This is the compensation amount. |
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What must be obtained before any development? |
Zoning permits, and it will not be issued unless it conforms to the permitted zoning. Required before building permits can be issued |
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What occurs when there are improvements that do not conform to the zoning law because they were there before, this allows them to stay? |
Nonconforming use |
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What is a permit that allows nonconformity but related land uses? |
Conditional Use Permit like day care in a residential area Also special use permit |
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What provides relief if zoning regulations deprive an owner of the reasonable use of the property? |
Variance or exception |
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Who issues conditional use and variance permits? |
Issued by zoning boards after public earnings. Neighbors of proposed use are given opportunity to voice their opinions. |
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What are municipality enacted construction standards? |
Building codes Set requirements for materials and standards of work |
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Once completed structure has been inspected and found satisfactory what is issued? |
A certificate of occupancy or occupancy permit |
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Who is a person who buys undeveloped acreage and divides it in to smaller loves for sale to individuals or developers? |
Subdivider |
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Who improves the land, constructs homes and sells them? |
Developer |
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Who must approve the subdivider's plat before it is recorded? |
The municipality must |
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What restricts the average number of houses per acre that may be built? |
Density Zoning |
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What are limitations to the use of property imposed by a past owner or current owner? |
Restrictive covenants |
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What are private rules set up by the developer that set standards for all the parcels within the defined subdivision? |
Covenants conditions and Restrictions CC&Rs |
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What does a CCR have that a deed restriction does not? |
May have limitations |
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In a private land-use control, which takes precedence? |
The most restrictive of the two |
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What voids a restrictive covenant? |
Anything that violates the Fair Housing Act |
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What act required land developers to register subsivisions of 100 or more nonexempt lots with HUD and to provide each purchaser with a property report? |
Interstate Land Sales Full Disclosure Act of 1968 Report had all the information |
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Sale or promotion within Illinois of Subdivided land is regulated by the Land Sales Registration Act of 1999. What does this do? |
Regulates the offering, sale, lease, or assignment of any improved or unimproved land divided into 25 or more lots and offered as part of a common promotional plan. |
