Land Use

Question 1

Area zoning

Answer 1

A type of zoning that regulates lot area, density, heigh, frontage, setbacks, and so forth, in order to promote uniformity of development, lot, and building size

Question 2

Standard State Zoning Enabling Act (1922)

Answer 2

Draft of a general law offered to state legislatures for their consideration to delegate the power to zone to municipalities, adopted by most states, long-lasting influence

Question 3

Standard City Planning Act (1927)

Answer 3

established organization and power of planning commission

Question 4

Performance Based Zoning

Answer 4

Zoning that regulates the design and location of a use based on the characteristics of a particular site to support development; example: redeveloping old factories

Question 5

Police Powers

Answer 5

States have the power to regulate in order to protect public health, safety, or welfare

Question 6

Conditional Use

Answer 6

A use not strictly allowed in zoning ordinance, but permitted if specified conditions are met and if approval is granted by the local governing body; presumed to be valid unless you can show some specific harm to public health and safety; must be compatible with the existing neighborhood and consistent with the zoning ordinance

Question 7

as-applied challenge

Answer 7

Seeks relief from a specific application of a facially valid law to an individual and the alleged harm is the circumstances which the law has been applied

Question 8

change or mistake rule

Answer 8

Zoning done on an individual basis is only permitted when there is a mistake in the zone or a change in the character of a neighborhood, and the burden of proof is on the applicant

Question 9

Moratorium

Answer 9

A regulation that temporarily prohibits new development which is adopted in order to forestall inappropriate development while the board is considering new policies

Question 10

Upzoning

Answer 10

Changes to a zoning code made to increase the amount of development allowed in the future

Question 11

Piecemeal zoning

Answer 11

The holding of at least one evidentiary hearing, factual and opinion testimony, documentary evidence, cross-examination of the witnesses, and objections to the weighing of evidence

Question 12

restrictive covenant

Answer 12

A provision in a deed limiting the use of property and prohibiting certain uses of the property in question

Question 13

Inverse Condemnation

Answer 13

When the government takes a property for public use that greatly damages the value of the plaintiff’s property

Question 14

Fifth Amendment

Answer 14

Provides that: “no person shall be deprived of life, liberty, or property, without due process of the law; nor shall private property be taken for public use without just compensation

Question 15

exaction

Answer 15

A required contribution to a governmental entity imposed as a condition of approval for a proposed land development that is typical in the subdivision context

Question 16

Essential nexus

Answer 16

relation to the particular type of impact

Question 17

Change or mistake rule

Answer 17

rule that governs individual rezoning in maryland

Question 18

density

Answer 18

the amount of development per acre permitted on a parcel under the applicable zoning, commonly measured as dwelling units per acre

Question 19

Intensity

Answer 19

the height, bulk, area, density, setback, use, and other similar characteristics of development

Question 20

Floating Zone

Answer 20

technique by which a local government adopts the text of the zoning district, with its standards and procedures, as part of the zoning code, but it does not create the district on a map until a developer applies to have the district places on his property

Question 21

Overlay zone

Answer 21

a zoning district which is applied over one or more previously established zoning districts, establishing additional or stricter standards and criteria for covered properties in addition to those of the underlying zoning district

Question 22

Transit-Oriented Development

Answer 22

a form of mixed-use development that takes advantage of public transit to develop mixed-use communities around transit stops and stations

Question 23

Neo-traditional Neighborhood Development

Answer 23

An attempt to recreate older neighborhood patterns and throw out Euclidean zoning codes (which separates uses)

Question 24

New Urbanism

Answer 24

An umbrella term that includes new development forms such as transit-oriented development but also includes traditional neighborhood development (TND) and neo traditional development

Question 25

Adequate Public Facility Ordinance

Answer 25

a growth management tool used by communities to help coordinate the timing and provision of public infrastructure with new development

Question 26

sic utere tuo ut alienum non laedas

Answer 26

One must so use his property as not to injury that of another

Question 27

Judicial zoning

Answer 27

Activities that cause substantial discomfort or inconvenience may not be deemed nuisances to neighboring landowners if they are carried on in suitable localities and the adverse impact upon the landowners is avoidable only at prohibitive expense

Question 28

Home rule

Answer 28

When states allow municipalities to handle local matters without a specific delegation of authority from the state legislature; authorizes the adoption of a zoning ordinance; ll states have passed enabling legislation expressly authorizing zoning

Question 29

Dillon’s Rule

Answer 29

When the local govt only exercises powers expressly granted by the state, powers necessary and implied from the grant of power, and powers crucial to the existence of local government; tool for courts to rein in abuses of delegated power; idea that grants of power to local governments should be narrowly construed

Question 30

injunction

Answer 30

Order to cease and desist or commence an action

Question 31

Declaratory Judgment

Answer 31

Authorizes the court to make a declaration of rights, even though the plaintiff has not suffered an action harm, often sought in conjunction with an injunction

Question 32

Mandamus

Answer 32

An extraordinary remedy that compels a public official or agency to do a ministerial act, if the plaintiff has shown a clear legal right to have the duty performed b/c he or she has complied with all the requirements for exercise of that duty; asking for a public agency to do an administrative job

Question 33

Variance

Answer 33

An exception to an ordinance because the plaintiff is suffering an unnecessary hardship which allows for a use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulation

Question 34

Exaction

Answer 34

A required contribution to a government entity imposed as a condition of approval for a proposed land development

Question 35

Facial challenge

Answer 35

on its face unauthorized; a challenge to the constitutional validity of a law, not its application to the particular circumstances; to be successful the court must be satisfied that there are no circumstances under which the law could be validly applied

Question 36

eminent domain

Answer 36

Power of a government to take private property for public use

Question 37

Regulatory Taking

Answer 37

The states’ ability to use the police power to protect the public health, safety, morals, or general welfare through regulation of land use and development; when a regulation affects land so significantly that it is the functional equivalent of taking of property for which compensation must be paid b/c the equivalent of physically taking

Question 38

zoning amendment

Answer 38

A change in the text of the zoning ordinance; local legislative body may amend the text of the local ordinance to create new zones or delete existing ones, figure out if it is consistent with overall plan

Question 39

Map amendment

Answer 39

A comprehensive rezoning is a legislative act, while piecemeal or individual rezoning m may be either quasi judicial or quasi legislative

Question 40

Use zoning

Answer 40

A type of zoning that regulates fundamentally now property may be used, in order to promote uniformity of land use within neighborhoods or regions, greater potential to change neighborhood

Question 41

Inclusionary zoning

Answer 41

In exchange for a increase of density, a builder is required to set aside units for low to moderate income folks with deed restrictions requiring the units to remain affordable for a period of years

Question 42

Spot zoning

Answer 42

The process of singling out a small parcel of land for a use classification different and inconsistent with the surrounding area, for the benefit of the owner of such property and to the detriment of the rights of other property owners

Question 43

Floating Zone

Answer 43

The technique by which a local government adopts the text of the zoning district, with its standards and procedures, as part of the zoning code, but it does not create the district on a map until a developer applies to have the district places on his property

Question 44

Overlay zone

Answer 44

A zoning district which is applied over one or more previously established zoning districts, establishing additional or stricter standards and criteria for covered properties in addition to those of the underlying zoning district

Question 45

Planned unit development

Answer 45

A type of development and the regulatory process that permits a developer to meet overall community density and land use goals without being bound by existing zoning requirements

Question 46

fundamental property rights

Answer 46

Right to exclude, Right to develop property, Right to enjoy, Right to alienate (sell or transfer property rights to another), Right to possess

Question 47

private nuisance

Answer 47

nuisance that causes a substantial and unreasonable interference with a claimant’s land and his or her use and enjoyment of that land

Question 48

public nuisance

Answer 48

An owner’s use of land that causes damage or inconvenience to the general public

Question 49

permanent damages

Answer 49

In lieu of injunctive relief, the plaintiff receives a one-time monetary reward for the nuisance; prohibits any future owners of the land from bringing the nuisance suit

Question 50

Board of Adjustment

Answer 50

body that hears and decides appeals and special exceptions and authorizes upon appeal specific cases such variance from the terms to the ordinance as will not be contrary to the public interest

Question 51

Possessory exaction

Answer 51

Dedications of a public use as a condition to approval and are typically reviewed as a separate category of regulatory takings

Question 52

Builder’s Remedy

Answer 52

allows developer to bring litigation against a municipality, after attempting to negotiate, to change zoning on a particular site for that developer demonstrates that municipality is not in compliance with its Mount Laurel obligations and promises to include a 20% set-aside of low and moderate income housing as part of its development

Question 53

Zoning Estoppel

Answer 53

when a property owner, relying reasonably and in good faith on a governmental act or omission, has made a substantial change in position or incurred such extensive expenses that it would be inequitable to deprive the owner of his right to complete the development

Question 54

piecemeal zoning

Answer 54

the holding of at least one evidentiary hearing, factual and opinion testimony, documentary evidence, cross-examination of the witnesses, and objections to the weighing of evidence

Question 55

Spot zoning

Answer 55

the process of singling out a small parcel of land for a use classification different and inconsistent with the surrounding area, for the benefit of the owner of such property and to the detriment of the rights of other property owners

Question 56

Planned unit development

Answer 56

a type of development and the regulatory process that permits a developer to meet overall community density and land use goals without being bound by existing zoning requirements

Question 57

Mixed Use Development

Answer 57

A combination of residential buildings type and retail and commercial uses created in a zoning ordinance through a planned unit development

Question 58

Transect

Answer 58

geographic cross-section of a region that can be used to identify a continuum of habitats, ranging from rural to urban, that vary by their level and intensity of urban character