Chapter 9 Land Use Regulations Flashcards
What is As of right zoning?
A land use that is permitted as a principal use in a zoning district.
What are subdivision regulations?
Rules that ensure compliance with zoning and public safety and preserve real estate value.
What is a deed restriction?
A form of encumbrance on real property.
What is the purpose of a deed restriction?
To limit the use or appearance of a given property.
What is the difference between Covenants and Conditions?
Covenants are agreements Conditions are contingency’s
What does Doctrine of Laches mean?
A doctrine that states if the landowner are laxed in protecting there rights they can lose them.
What is the State Quality Review Act?
The state government control over privately developed land.
Who oversees the State Quality Review Act?
NYSDEC
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
What does an environmental statement do?
Evaluates the effect the environment has on the property.
Explain building codes?
It’s provides another form of land use control to protect the public. The primary purpose is to ensure a safe properly functioning environment.
Where do you get a building permit from?
The local building department
What is Eminent domain?
The governments power to take back property for public use.
What is the actual taking of property under eminent domain called?
Condemnation
When does the right of eminent domain apply?
- has to be for the use of the public
* property owner paid fair market value for the property
What is Closter zoning?
When a number of residential uses are allowed in one zone.
What is Zoning ordinance consist of?
- a zone or map that divides the community into designated districts
- written zoning ordinances that describes the use permitted under each zoning classification
What do the planning boards do?
Maps the zones and uses allowed within each zones
What does the zoning board of appeals do?
Decides on variances and special use permits within a municipality.
What is a municipality?
A city or town that has corporate status and local government
Who establishes subdivision regulations?
The planning board of municipality
What is a subdivision?
Land divided into lots for development purposes
What is Topography?
Physical features and contours
Give example of Topography?
Locations of water , trees , rocks and vegetation
What is a Moratorium?
A delay in allowing development of property within the municipality.
What is spot zoning?
When a specific property within a zoned area is rezoned to permit a use different from zoning requirements for that zone area. (Illegal)
What is a Variance?
A permitted deviation from specific requirements of the zoning ordinance
What is a use variance ?
Permission to use property that is not allowed under current zoning.
What does a use variance have to include to be granted?
- 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
What is a area variances ?
Permission to use the land in a way that is not normally allowed by the dimensions or physical requirements of the current zoning ordinance.
What does granting a area variance include?
- 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
What is a special use permit?
A use that is not permitted in a zone except with the permission of the planning board.
What is nonconforming use ?
When a preexisting use is different from current zoning.
