Land Use Regulations Flashcards
Zoning determines the…
usage allowed for a building or subdivision.
Zoning also determines the…
‘bulk’ of a house or building, meaning the maximum size of the structure (height, square footage, size of floor plate).
The Zoning Board of Appeals is a…
local appointed Board that has the power to review administrative rulings made by the Planning Board or another legislative body
One of the main duties of a Zoning Board of Appeals is to…
maintain the essential character of neighborhoods.
It is the interpreter of the zoning ordinance.
The Zoning Board of Appeals is also…
responsible for granting variances.
A non-conforming use is a…
preexisting use of a property that no longer complies with the current zoning regulations. The non-conforming use is “grandfathered” in.
For example, a property owner has been using his building as a manufacturing facility for the past 30 years; however, the neighborhood has since been re-zoned for residential use.
The owner is generally allowed to continue the non-conforming use. When the property is sold, the non-conforming use must be terminated and comply with the current zoning laws.
Variance is the authorization to…
improve or develop a particular property in a manner not authorized by the local zoning code.
A use variance allows a homeowner to…
use their property in a way that is not currently permitted by the local zoning code.
For example: convert an existing structure into a medical office where the zoning only permits residential use for the property.
An area variance allows the property owner to…
expand the building on their property to a size larger than is permitted by zoning. This can include total square footage of the building as well as size and height of the building.
For example: add an additional story to a building, which will make the building taller than is permitted by zoning.
The New York State Building code provides minimum standards for all buildings in New York. If the Federal or City building code is more stringent on a particular issue…
the more stringent Code will supersede the State code.
If a property owner dies intestate (without having a valid will), the decedent’s property is…
distributed to their heirs.
If the deceased property owner does not have any heirs, the property…
reverts to the State. This is known as escheat.
Eminent domain is the RIGHT of the government to…
acquire private property for necessary public use. The property owner must receive fair compensation.
Eminent domain is the RIGHT of the government to…
acquire private property for necessary public use. The property owner must receive fair compensation.
Remember: eminent domain is the RIGHT to take private property, while condemnation is the actual ACT of doing so.
Condemnation is the ACT of…
taking private property for public use.
Remember: eminent domain is the RIGHT to take private property, while condemnation is the actual ACT of doing so.
