Chapter 8 - Land Use Regulations Flashcards
Abutting Property
Two contiguous parcels of land that share at least one common boundary.
Accessory Apartment
Apartment located within a primary residence.
Accessory Use
Uses of property subordinate to principal use - EX: home office is an accessory use in a primary residence.
Area Variance
Entitle landowners to use land in a way not typically allowed by dimensional/physical requirements of zoning law. EX: change setback/height, etc.
As of Right Zoning
Prohibits discrimination amongst landowners in zone - if one can put up a fence, all can.
Census Tract
Small areas used to track demographics by US government with the Census
Certificate of Occupancy
Inspections have been made and building is considered fit for occupancy.
Cluster Zoning
Varied selection of lots and hosting choices that incorporate green spaces into the community
Condemnation
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.
Deed Restriction
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).
Demography
Social/economic status - can the community support whatever is being proposed?
Doctrine of Laches
Loss of legal rights due to failure to assert rights in a timely manner - 2 years in NY.
Eminent Domain
Government’s constitutional power to appropriate or condemn private property for public use as long as owner is paid just compensation.
Escheat
Title refers back to the state when a person dies without a will and without heirs.
Group Home
Residential facility in a residential zone for three or more unrelated people. Often serve special needs - handicapped/disabled, recovering addicts, rehab, foster homes, etc.
Incentive Zoning
Developers receive incentives on condition that they provide benefits to the community. EX: affordable housing, recreational facilities, etc.
Infrastructure
Support facilities and services - roads, parks, sewers, utilities, schools, police/fire department
Lead Agency
Lead agency makes a final decision on environmental evaluations when local, state, and federal agencies are all involved in the evaluation process.
Moratorium
Suspension of developmental approvals for property owners by planning boards while local legislature makes changes.
New York State Office of Parks, Recreation and Historic Preservation
Oversees public recreation areas and administers historic preservation projects.
New York State Uniform Fire Prevention and Building Code
Sets forth safety, construction, sanitation standards for the building and upkeep of buildings. Whichever code is more stringent (local or state) applies.
Nonconforming Use
Land use doesn’t conform with zoning laws but is allowed because land use was established before current zoning laws were enacted .
Plat
Submitted by developers to local government - depicts arrangements of buildings, roads, and other services for development.
Police Power
Power of government to enact and enforce las to protect public health, safety, morals, and welfare - EX: land use/zoning restrictions
Restrictive Covenant
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
Setback Requirements
Structures are located specific distance from front, side, and rear property lines.
Special Use Permit
Type of variance - allows special use conditional to protections for negative impact towards the surrounding community
Spot Zoning
Illegal rezoning of a single parcel/small area of land to benefit individual property owners rather than carry out objectives of the master plan.
Subdivision Regulations
Maintain quality and consistency in subdivisions.
Surveys
Locate and measure boundaries of a property, identifying improvements, encroachments, and easements associated with it.
Taking
Government acquires private property for public use by appropriation without compensation.
Topography
Physical characteristics of land - water, vegetation, trees, rocks, soil, flood plans
Transfer of Development Rights
Developer buys development rights from property owner who can’t use them.
Use Variance
Allow landowners to use land in a way not permitted by zoning laws - EX: commercial use in a residential zone.
Vacant Land
Unimproved land with no buildings on it, or unoccupied buildings.
Variance
Allows property to be used in a way that doesn’t comply with zoning law.
Zoning Ordinance
Local laws that divide city/county into different areas and set forth the permitted type of use in each.
