Modern Real Estate Practice in Illinois Eighth Edition Chapter 20: Land-Use Controls and Property Development ©2014 Kaplan, Inc.

Land-Use Controls Land use is controlled and regulated through public and private restrictions and through the public ownership of land by federal, state, and local governments.

Illinois Home Rule Any municipality with a population in excess of 25,000 home rule unit may elect by referendum not to be one municipality of fewer than 25,000 people may elect by referendum to become one Home rule units have greater freedom to enforce their laws

The Comprehensive Plan Land use Housing needs of present and anticipated residents Movement of people and goods Community facilities and utilities Energy conservation

Zoning Zoning objectives –Constitutional issues and zoning ordinances –PUDs –Taking / Inverse condemnation Zoning permits –Zoning hearing board –Nonconforming use –Variances and conditional-use permits Building codes / Certificate of occupancy

Subdivision Subdivider –A person who buys undeveloped acreage and divides it into smaller lots for sale to individuals or developers or for the subdivider’s own use Developer –Improves the land, constructs homes or other buildings on the lots, and sells them

Subdivision Regulation of land development –Land development plan –Plats Subdivision plans –Impact fees

Subdivision Subdivison Density –Street patterns Gridiron pattern –Large lots, wide streets, and limited-use service alleys Curvilinear system –Integrates major arteries of travel with smaller secondary and cul-de-sac streets carrying minor traffic

Private Land-Use Controls Restrictive covenants –Set the standards for all the parcels within a defined subdivision Covenants, conditions, and restrictions (CC&Rs)

Regulation of Land Sales Interstate Land Sales Full Disclosure Act –Disclosure report –Revocation right –Exemptions –Penalties Illinois Land Sales Registration Act