Section 5 Unit 3 Public Land Use Controls and Zoning Flashcards
a municipality will allow an otherwise prohibited type of construction if the developer will give the municipality something back. Often this relates to the floor-to-area ratio, which you can call FAR for short.
Incentive zoning
You get the FAR by dividing the gross floor area of a building by the total area of the lot
How to calculate FAR
restrict the density of buildings in an area through building design requirements such as floor-area-ratios (FAR), setbacks, lot size, building placement, and open space requirements.
Bulk Zoning
This rule specifies how tall a building can be and is used in conjunction with setback requirements.
Max building height
This rule specifies the distance required between a building and its lot’s street-facing edge.
Front Yard Set Back
This rule specifies the distance required between a building and its lot’s side property line.
Side setback
This rule specifies the distance required between a building and its lot’s rear property line.
Rear Yard Setback
that all buildings in a neighborhood have to be of a certain style, such as Victorian or Craftsman, in order to uphold the architectural integrity of an area.
Aesthetic Zoning
What is the purpose of aesthetic zoning?
To preserve the architectural integerty and cohesive look of the area
process of assigning a lower-density use zone to an area that previously allowed higher density. Sometimes this is done to limit sprawl and overgrowth of cities; at other times it is for conservational or recreational purposes.
Downzoning
occurs when property value is diminished due to adjacent land being taken for public use.
Inverse condemnation
all meetings of zoning boards, planning boards, and the local zoning authorities are open to the public.
Sunshine Law
A term meaning parcels of land that share a common border.
A Butting
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
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
When zoning is first placed in an area or an area is rezoned, any existing uses that don’t comply with the zoning are grandfathered in.
Nonconforming Use
a permitted deviation in the requirements of the zoning ordinance. It could be something as small as a nine-and-a-half-foot setback where a 10-foot setback is required.
Variance
allows owners to develop a property in a way that’s not normally allowed by the physical or dimensional requirements of the current zoning
Area Variance
If the owner of a lot wanted to build a home on a property that was zoned for 10,000 square foot lots, and the lot was only 9,585 square feet. Generally, a board will not approve ____ if it’s:
Undesirable or a detriment to the nearby properties
Achievable by any other means
Substantial
Detrimental to the physical or environmental conditions in the neighborhood
Self-created by the owner
Area Variance
It allows the owner to use the property for a purpose that would otherwise be prohibited by the zoning in place. For example, if the owner wishes to operate a hair salon from his basement when the zoning doesn’t allow commercial operations.
Use Variance
To get _____ approved, the owner has to prove four specific criteria:
The economic benefit or use of the property is eliminated due to the zoning. This claim would have to be accompanied by financial evidence of some sort.
The hardship is unique to this property, and not something endemic to the neighborhood.
The requested variance will not alter the essential character of the neighborhood.
The hardship that is being claimed is not self-inflicted.
Use Variance
granted for a use that’s not in compliance with the zoning ordinance. While ultimately issuance is up to the individual municipality, most of the it is only granted when the ordinance expressly lists the use as allowable under certain conditions (hence, the name)
Special Use Permit or Conditional Use Permit
a church could be built in a residential district with a ____ permit, on the condition that it has appropriate measures for parking so it doesn’t negatively impact the neighborhood. Usually, the conditionally allowed uses of property in a zone are those that provide a service that’s in the public interest.
Special Use Permit
The Arbor Heights community passed a zoning ordinance that requires group homes designated for disabled citizens to be situated outside of city limits. This is a violation of the ______.
Fair Housing Act
Blake is allowed to use his property in a way that’s prohibited under current zoning ordinances, because those ordinances would cause undue hardship for him. What gives him this permission?
Use Variance
The Town of Petersville has just decided to restrict density in one area of town that previously allowed a higher density. This is known as ______.
Downzoning
Your clients, the Harpers, live in Area B that’s adjacent to Area C; Area C was recently downzoned. If the Harpers believe the rezoning has harmed their property values, what can they do?
File a claim of inverse condemnation.
What’s the biggest difference between an area variance and a use variance?
A use variance prevents economic loss of the property. An area variance need not show potential economic loss.
Which of the following situations may result in inverse condemnation?
Property values decrease because adjacent property was rezoned.
Damien and Sandy bought a lot with a condemned house. They want to tear it down and build a duplex, so that they can live on one side and rent out the other. Unfortunately, the property is zoned single-family residential. If they can make a case for economic hardship, they may apply for and be granted a ________.
Use Variance
The Druid Hills neighborhood sits firmly within a single-family residential zoning area. Most of the lots are one-third of an acre or larger. A 20-acre parcel on the edge of the neighborhood sold recently. The buyer wants to build condominium flats since multi-family housing is in short supply in the area. The town is considering rezoning that parcel to allow this development because the developer plans to also include a public park and a walking trail. What kind of zoning is this?
Incentive Zoning
