Construction & Development Flashcards
What is police power?
The constitutional power of sate and local governments to enact and enforce laws that protect the public’s health, safety, morals, and general welfare.
What are the 4 most common public restrictions (police power)?
- zoning ordinances
- building codes
- subdivision regulations
- environmental laws
What are zoning laws?
local ordinances dividing a city, town, or village into zones, allowing different types of land and welfare of the community
What are building codes?
Set of regulations that specify the minimum acceptable level of safety for buildings. enforced in order to protect the public health, safety, and general welfare.
What is eminent domain?
Government’s constitutional power to make private property pubic use as long as owner is compensated fairly
What is the actual act of taking private property and making it for public use?
Appropriation or condemnation.
What are the two rules of eminent domain in NYS?
- Condemned property is for the use and benefit of the public
- Property owner is paid fair market value for the property lost
What is an easement by condemnation?
When the government. uses its power of eminent domain to bring a condemnation lawsuit against a property to create an easement to obtain a fee simple title of that property
When does a “taking” occur?
When the government acquires private property for public use by appropriation
What are the general classifications of Zoning?
- residential
- commercial
- industrial
- insitutional
- agricultural/rural
- parkland/recreational
- vacant land
- public open space
- special use
Sarah lives in a subdivision that is zone residential. Is there a legal way she can operate a bulk mailing business out of her basement?
Yes - she can get a special use permit
What are the 4 types of Zoning
- as of right zoning
- cluster zoning
- incentive zoning
- spot zoning
as of right zoning
refers to the landowners’ bundle of rights associated with property they own
Cluster zoning
allows developers to provide a varied selection of lot sizes and housing choices within a single area
Incentive Zoning
a system by which developers receive zoning incentives on the condition that specific physical, social, or cultural benefits are provided to the community
Spot zoning
Refers to the legal rezoning of single parcel of land or a small area to benefit one or more property owners rather than carry out objectives of the master plan
Cumulative Zoning
method of zoning in which any use permitted in a higher-use would be allowed in a lower use zone
What is a variance as it relates to zoning?
When a zoning law creates a hardship or an unfair burden, an appeal can me made to the zoning authority known as a variance
What is a “use variance”?
Allows landowners to use their land in a way that is not permitted under current zoning laws.
-granted only in cases when the current zoning ordinance causes the landowner an unnecessary hardship.
What is an “area variance”?
this variance entitles landowners to use land in a way that is typically not allowed by dimensional or physical requirements of the zoning law.
This variance is needed when a building application does not comply with the setback, height, lot, or area requirements of the zoning ordinance.
What is a special/conditional use variance?
Means that land usage doesn’t comply with the general zoning rules regarding location, but the use is permitted there because it benefits the public good.
What is “spot zoning”?
rezoning of a single parcel of land or small area to benefit one or more property owners rather than carry out objectives of the master plan
June owns a florist shop on the outskirts of town. As the town grows, more homes are built and the area where her shop is gets rezoned residential. What specific exception would allow June to still operate her shop?
Nonconforming use!
