Land Use Flashcards
A term meaning parcels of land that share a common border.
Abutting
A mother-in-law suite is an example of this.
Accessory apartment use
A use incidental to the main purpose of a property.
Accessory use
The act of taking property under eminent domain.
Condemnation
Legal loss of a right with the thought that “if you don’t use it, you lose it.”
Doctrine of laches
The power of the government to take private property for public use.
Eminent domain
The power of the government to claim a deceased person’s estate when no will, heirs or creditors are found.
Escheat
It can mean one or more persons living as a single housekeeping unit.
Family, as defined by law
An owner of a small business using the owner’s residential property to conduct business.
Home occupation
Organization that oversees the entire environmental impact evaluation.
Lead agency
Governmental authority to provide for the health, safety and welfare of its citizens.
Police power
A promise between two parties appearing on a deed that specifies what may or may not be done with the real property.
Restrictive covenant
A move by a governmental body that deprives a landowner of the economically viable use of the property and results in the owner not being able to obtain a reasonable return on investment.
“Taking” as defined by the courts
Program that encourages a shift in growth away from agricultural or environmentally sensitive regions to more appropriate areas.
Transfer of development rights
A residential facility for five or more adults who have been institutionalized for various reasons and then released.
Group home
A lien due to a court decree resulting from a lawsuit
Judgment lien
A legal notice that a lawsuit is pending that affects the title of a property. This serves as warning to prospective buyers that a pending lawsuit could impact title.
Lis pendens
The IRS will file a general lien against all property belonging to that person for various taxes owed and unpaid.
Income tax liens
Created by the property owner or with the property owner’s consent
Voluntary lien
When a property owner doesn’t pay for work that was performed the worker can file this lien to collect the money owed to them.
Mechanic’s lien
A lien created without the property owner’s consent (e.g., property tax lien or mechanic’s lien)
A lien created without the property owner’s consent (e.g., property tax lien or mechanic’s lien)
Claims against a specific property, identifiable property (the most common type of this lien is a mortgage)
Specific (or special) lien
Claims against a person and all of that person’s property. This type of lien occurs as a judgment against that person.
General lien
A lien created on the property used as collateral for a loan to purchase a home
Mortgage lien
When an owner does not pay property taxes a lien is levied against that property
Property tax lien
Prepares and amends the master plan for the community, and implements that plan through site plan and subdivision ordinances and recommendations to other agencies; investigates, maps, reports and makes recommendations relating to planning and development of the municipality, and recommends amendments to the zoning ordinance or map
Planning board
Local rules that divide a city or community into different areas and dictate how the land in each area can be used
Zoning
A strip of land used to separate land dedicated to one use from land of another use (for instance, residential from commercial). Often, the buffer zone is a green space or other dedicated land, such as a park.
Buffer zone
Three types of special land use zoning
Incentive zoning, bulk zoning, and aesthetic zoning
Permission to use the land for a purpose prohibited by current zoning restrictions
Use variance
Allows a property to be used in a way that isn’t in accordance with zoning regulations
Special use permit
A use that no longer conforms with new or changed zoning; its use is allowed through the concept of grandfathering.
Nonconforming use
Zoning map, text describing zoning classifications
Zoning ordinance
Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) 1980: to facilitate the clean-up of any abandoned or uncontrolled sites containing hazardous substances and to impose strict liability for clean-up costs on potentially responsible parties
CERCLA
Superfund Amendments and Reauthorization Act; amended CERCLA to limit new owners’ liability for clean-up when due diligence was performed prior to purchase
SARA
Statement federal law requires from all agencies for any project using federal funds to assess the potential affect of the new construction or development on the environment.
Environmental impact statement
Standards for construction and safety of buildings
Building code
Encourages private developers to provide amenities for public use in exchange for opportunity to build larger or taller structures on a site.
Incentive zoning
Zoning for beauty or appearance
Aestetic Zoning
