Land Use Flashcards
Area zoning
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
Standard State Zoning Enabling Act (1922)
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
Standard City Planning Act (1927)
established organization and power of planning commission
Performance Based Zoning
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
Police Powers
States have the power to regulate in order to protect public health, safety, or welfare
Conditional Use
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
as-applied challenge
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
change or mistake rule
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
Moratorium
A regulation that temporarily prohibits new development which is adopted in order to forestall inappropriate development while the board is considering new policies
Upzoning
Changes to a zoning code made to increase the amount of development allowed in the future
Piecemeal zoning
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
restrictive covenant
A provision in a deed limiting the use of property and prohibiting certain uses of the property in question
Inverse Condemnation
When the government takes a property for public use that greatly damages the value of the plaintiff’s property
Fifth Amendment
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
exaction
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
Essential nexus
relation to the particular type of impact
Change or mistake rule
rule that governs individual rezoning in maryland
density
the amount of development per acre permitted on a parcel under the applicable zoning, commonly measured as dwelling units per acre
Intensity
the height, bulk, area, density, setback, use, and other similar characteristics of development
Floating Zone
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
Overlay zone
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
Transit-Oriented Development
a form of mixed-use development that takes advantage of public transit to develop mixed-use communities around transit stops and stations
Neo-traditional Neighborhood Development
An attempt to recreate older neighborhood patterns and throw out Euclidean zoning codes (which separates uses)
New Urbanism
An umbrella term that includes new development forms such as transit-oriented development but also includes traditional neighborhood development (TND) and neo traditional development
Adequate Public Facility Ordinance
a growth management tool used by communities to help coordinate the timing and provision of public infrastructure with new development
sic utere tuo ut alienum non laedas
One must so use his property as not to injury that of another
Judicial zoning
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
Home rule
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
Dillon’s Rule
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
injunction
Order to cease and desist or commence an action
Declaratory Judgment
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
Mandamus
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
Variance
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
Exaction
A required contribution to a government entity imposed as a condition of approval for a proposed land development
Facial challenge
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
eminent domain
Power of a government to take private property for public use
Regulatory Taking
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
zoning amendment
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
Map amendment
A comprehensive rezoning is a legislative act, while piecemeal or individual rezoning m may be either quasi judicial or quasi legislative
Use zoning
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
Inclusionary zoning
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
Spot zoning
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
Floating Zone
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
Overlay zone
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
Planned unit development
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
fundamental property rights
Right to exclude, Right to develop property, Right to enjoy, Right to alienate (sell or transfer property rights to another), Right to possess
private nuisance
nuisance that causes a substantial and unreasonable interference with a claimant’s land and his or her use and enjoyment of that land
public nuisance
An owner’s use of land that causes damage or inconvenience to the general public
permanent damages
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
Board of Adjustment
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
Possessory exaction
Dedications of a public use as a condition to approval and are typically reviewed as a separate category of regulatory takings
Builder’s Remedy
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
Zoning Estoppel
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
piecemeal zoning
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
Spot zoning
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
Planned unit development
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
Mixed Use Development
A combination of residential buildings type and retail and commercial uses created in a zoning ordinance through a planned unit development
Transect
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
