Chapter 8 - Land Use Regulations

Question 1

Abutting Property

Answer 1

Two contiguous parcels of land that share at least one common boundary.

Question 2

Accessory Apartment

Answer 2

Apartment located within a primary residence.

Question 3

Accessory Use

Answer 3

Uses of property subordinate to principal use - EX: home office is an accessory use in a primary residence.

Question 4

Area Variance

Answer 4

Entitle landowners to use land in a way not typically allowed by dimensional/physical requirements of zoning law. EX: change setback/height, etc.

Question 5

As of Right Zoning

Answer 5

Prohibits discrimination amongst landowners in zone - if one can put up a fence, all can.

Question 6

Census Tract

Answer 6

Small areas used to track demographics by US government with the Census

Question 7

Certificate of Occupancy

Answer 7

Inspections have been made and building is considered fit for occupancy.

Question 8

Cluster Zoning

Answer 8

Varied selection of lots and hosting choices that incorporate green spaces into the community

Question 9

Condemnation

Answer 9

Taking of property for public use - constitutional as long as owner is paid fair market value, and property is taken for the benefit and use of the public.

Question 10

Deed Restriction

Answer 10

Restrictive covenants in a deed that apply to all future landowners. Can be conditional (property reverts to original owner) or non-conditional (grantee is ordered to rectify situation or pay damages but retain title).

Question 11

Demography

Answer 11

Social/economic status - can the community support whatever is being proposed?

Question 12

Doctrine of Laches

Answer 12

Loss of legal rights due to failure to assert rights in a timely manner - 2 years in NY.

Question 13

Eminent Domain

Answer 13

Government’s constitutional power to appropriate or condemn private property for public use as long as owner is paid just compensation.

Question 14

Escheat

Answer 14

Title refers back to the state when a person dies without a will and without heirs.

Question 15

Group Home

Answer 15

Residential facility in a residential zone for three or more unrelated people. Often serve special needs - handicapped/disabled, recovering addicts, rehab, foster homes, etc.

Question 16

Incentive Zoning

Answer 16

Developers receive incentives on condition that they provide benefits to the community. EX: affordable housing, recreational facilities, etc.

Question 17

Infrastructure

Answer 17

Support facilities and services - roads, parks, sewers, utilities, schools, police/fire department

Question 18

Lead Agency

Answer 18

Lead agency makes a final decision on environmental evaluations when local, state, and federal agencies are all involved in the evaluation process.

Question 19

Moratorium

Answer 19

Suspension of developmental approvals for property owners by planning boards while local legislature makes changes.

Question 20

New York State Office of Parks, Recreation and Historic Preservation

Answer 20

Oversees public recreation areas and administers historic preservation projects.

Question 21

New York State Uniform Fire Prevention and Building Code

Answer 21

Sets forth safety, construction, sanitation standards for the building and upkeep of buildings. Whichever code is more stringent (local or state) applies.

Question 22

Nonconforming Use

Answer 22

Land use doesn’t conform with zoning laws but is allowed because land use was established before current zoning laws were enacted .

Question 23

Plat

Answer 23

Submitted by developers to local government - depicts arrangements of buildings, roads, and other services for development.

Question 24

Police Power

Answer 24

Power of government to enact and enforce las to protect public health, safety, morals, and welfare - EX: land use/zoning restrictions

Question 25

Restrictive Covenant

Answer 25

Restriction on grantee’s land use to prevent objectionable land use. Must be recorded to be enforceable, and must pertain to land use, maintenance, and the improvement of real property

Question 26

Setback Requirements

Answer 26

Structures are located specific distance from front, side, and rear property lines.

Question 27

Special Use Permit

Answer 27

Type of variance - allows special use conditional to protections for negative impact towards the surrounding community

Question 28

Spot Zoning

Answer 28

Illegal rezoning of a single parcel/small area of land to benefit individual property owners rather than carry out objectives of the master plan.

Question 29

Subdivision Regulations

Answer 29

Maintain quality and consistency in subdivisions.

Question 30

Surveys

Answer 30

Locate and measure boundaries of a property, identifying improvements, encroachments, and easements associated with it.

Question 31

Taking

Answer 31

Government acquires private property for public use by appropriation without compensation.

Question 32

Topography

Answer 32

Physical characteristics of land - water, vegetation, trees, rocks, soil, flood plans

Question 33

Transfer of Development Rights

Answer 33

Developer buys development rights from property owner who can’t use them.

Question 34

Use Variance

Answer 34

Allow landowners to use land in a way not permitted by zoning laws - EX: commercial use in a residential zone.

Question 35

Vacant Land

Answer 35

Unimproved land with no buildings on it, or unoccupied buildings.

Question 36

Variance

Answer 36

Allows property to be used in a way that doesn’t comply with zoning law.

Question 37

Zoning Ordinance

Answer 37

Local laws that divide city/county into different areas and set forth the permitted type of use in each.