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New York Real Estate > Chapter 9 Land Use Regulations > Flashcards

Chapter 9 Land Use Regulations Flashcards

1
Q

What is As of right zoning?

A

A land use that is permitted as a principal use in a zoning district.

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2
Q

What are subdivision regulations?

A

Rules that ensure compliance with zoning and public safety and preserve real estate value.

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3
Q

What is a deed restriction?

A

A form of encumbrance on real property.

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4
Q

What is the purpose of a deed restriction?

A

To limit the use or appearance of a given property.

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5
Q

What is the difference between Covenants and Conditions?

A

Covenants are agreements Conditions are contingency’s

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6
Q

What does Doctrine of Laches mean?

A

A doctrine that states if the landowner are laxed in protecting there rights they can lose them.

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7
Q

What is the State Quality Review Act?

A

The state government control over privately developed land.

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8
Q

Who oversees the State Quality Review Act?

A

NYSDEC

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

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9
Q

What does an environmental statement do?

A

Evaluates the effect the environment has on the property.

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10
Q

Explain building codes?

A

It’s provides another form of land use control to protect the public. The primary purpose is to ensure a safe properly functioning environment.

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11
Q

Where do you get a building permit from?

A

The local building department

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12
Q

What is Eminent domain?

A

The governments power to take back property for public use.

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13
Q

What is the actual taking of property under eminent domain called?

A

Condemnation

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14
Q

When does the right of eminent domain apply?

A
  • has to be for the use of the public

* property owner paid fair market value for the property

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15
Q

What is Closter zoning?

A

When a number of residential uses are allowed in one zone.

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16
Q

What is Zoning ordinance consist of?

A
  • a zone or map that divides the community into designated districts
  • written zoning ordinances that describes the use permitted under each zoning classification
17
Q

What do the planning boards do?

A

Maps the zones and uses allowed within each zones

18
Q

What does the zoning board of appeals do?

A

Decides on variances and special use permits within a municipality.

19
Q

What is a municipality?

A

A city or town that has corporate status and local government

20
Q

Who establishes subdivision regulations?

A

The planning board of municipality

21
Q

What is a subdivision?

A

Land divided into lots for development purposes

22
Q

What is Topography?

A

Physical features and contours

23
Q

Give example of Topography?

A

Locations of water , trees , rocks and vegetation

24
Q

What is a Moratorium?

A

A delay in allowing development of property within the municipality.

25
Q

What is spot zoning?

A

When a specific property within a zoned area is rezoned to permit a use different from zoning requirements for that zone area. (Illegal)

26
Q

What is a Variance?

A

A permitted deviation from specific requirements of the zoning ordinance

27
Q

What is a use variance ?

A

Permission to use property that is not allowed under current zoning.

28
Q

What does a use variance have to include to be granted?

A
  • property owner deprived off all economic use or benefit from the property
  • hardship unique not universal to the area
  • can’t change the neighborhoods characteristics
  • hardship is not self created
29
Q

What is a area variances ?

A

Permission to use the land in a way that is not normally allowed by the dimensions or physical requirements of the current zoning ordinance.

30
Q

What does granting a area variance include?

A
  • what change will there be to nearby properties
  • weather the benefit can be achieved by reasonable means
  • if the requested variance is substantial
  • weather it will have a adverse impact on the environment
  • weather the difficulty was self created
31
Q

What is a special use permit?

A

A use that is not permitted in a zone except with the permission of the planning board.

32
Q

What is nonconforming use ?

A

When a preexisting use is different from current zoning.

New York Real Estate (17 decks)

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