Vocab Flashcards
1
Q
What is Nuisance Law?
A
A body of law that regulates land uses that interfere with public or private rights, often focusing on activities that harm neighboring property owners or the community.
2
Q
Define Restrictive Covenants.
A
Private agreements that impose land use restrictions on property owners; often recorded in property deeds and enforceable against future owners.
3
Q
What are Special-Purpose Local Laws?
A
Regulations aimed at specific land uses, such as industrial zones, wetlands protection, or historical preservation.
4
Q
What do Building Codes dictate?
A
A set of regulations that dictate structural and safety requirements for buildings, ensuring proper construction methods and materials.
5
Q
What is Comprehensive Zoning?
A
The legal framework dividing a municipality into designated land use zones (e.g., residential, commercial, industrial), each with specific regulations on development and land use.
6
Q
What is Police Power in the context of zoning?
A
The government’s authority to regulate behavior and enforce laws in the interest of public health, safety, and welfare, often used to justify zoning and land use controls.
7
Q
What does a Zoning Ordinance specify?
A
A municipal law specifying allowable land uses, building requirements, and property restrictions for different zoning districts.
8
Q
What is the Standard Zoning Enabling Act (SZEA)?
A
A model law that provides the legal basis for local governments to establish zoning regulations.
9
Q
What are Subdivision Regulations?
A
Rules governing the division of land into lots for development, often specifying requirements for streets, utilities, and open spaces.
10
Q
What is Site Plan Review?
A
A regulatory process in which proposed developments are evaluated for zoning and infrastructure compliance, ensuring compatibility with local plans and policies.
11
Q
Define Accessory Uses.
A
Secondary activities or structures on a property that support the primary use (e.g., a garage or guest house on a residential lot).
12
Q
What are As-Of-Right Uses?
A
Land uses that are permitted outright within a zoning district without requiring special approval.
13
Q
What is a Nonconforming Use?
A
A land use that was legal when established but no longer complies with current zoning regulations; may continue under certain conditions.
14
Q
What is a Variance?
A
A special permission granted to deviate from zoning requirements, often for reasons of hardship or unique property constraints.
15
Q
What is a Special Use Permit?
A
Allows a land use that is not typically permitted in a zoning district but may be approved under specific conditions.
16
Q
What does Rezoning involve?
A
The process of changing the zoning classification of a parcel of land, often requiring a public hearing and legislative approval.
17
Q
Define Spot Zoning.
A
The practice of granting a zoning change for a single parcel in a way that benefits the owner but lacks broader public justification.
18
Q
What is Contract Zoning?
A
A rezoning action in which the property owner agrees to certain conditions in exchange for approval, sometimes raising legal concerns.
19
Q
What is Overlay Zoning?
A
A zoning district placed over another zoning designation that imposes additional regulations without replacing the underlying zoning.
20
Q
What is a Public Nuisance?
A
An act or condition that significantly interferes with public health, safety, or welfare, affecting a broad community or area.
21
Q
Define Private Nuisance.
A
An unreasonable interference with an individual’s private use and enjoyment of their property.
22
Q
What is Nuisance Per Se?
A
An activity or condition automatically deemed a nuisance due to its inherent nature (e.g., an illegal hazardous waste site).
23
Q
What does Nuisance In Fact (Per Accidens) refer to?
A
An activity that becomes a nuisance due to specific circumstances, requiring a case-by-case determination.
24
Q
What is a Balancing Test in nuisance law?
A
A legal method for evaluating whether a land use is a nuisance by weighing its benefits against the harm it causes.
25
What are Permanent Damages?
A monetary award given to affected parties instead of requiring the offending activity to cease.
26
What is a Comprehensive Plan (Master Plan)?
A long-term policy document that outlines goals and strategies for future land use, development, and infrastructure in a community.
27
What is a Future Land Use Map?
A visual representation within a comprehensive plan that guides zoning and development decisions.
28
What does a Zoning Map show?
An official map showing the zoning classifications for different areas within a municipality.
29
Define Planned Unit Development (PUD).
A flexible zoning approach that allows mixed-use or non-traditional developments under negotiated guidelines.
30
What is Cluster Zoning?
A development strategy that concentrates buildings on a portion of a site to preserve open space.
31
What are Density Regulations?
Rules limiting the number of dwelling units per acre to control population density and infrastructure capacity.
32
What are Setback Requirements?
The minimum distance a building must be located from property lines, streets, or other structures.
33
What does Floor Area Ratio (FAR) control?
A regulation controlling building density by limiting the total floor area relative to the lot size.
34
What are Building Height Restrictions?
Limits on how tall structures can be within a zoning district to maintain aesthetic, safety, and environmental considerations.
35
What is Mixed-Use Zoning?
A zoning designation that allows a combination of residential, commercial, and sometimes industrial uses within the same area.
36
What is Form-Based Zoning?
A regulatory approach focusing on the physical form and design of buildings rather than just land use types.
37
What is an Overlay District?
A special zoning designation that imposes additional land use or design requirements beyond the base zoning district.
38
What is an Urban Growth Boundary (UGB)?
A regional planning tool that defines where urban development can and cannot occur to control sprawl.
39
What is Substantive Due Process?
The legal principle that land use regulations must serve a legitimate public purpose.
40
Define Procedural Due Process.
The requirement that land use decisions follow fair legal procedures, including public notice and hearings.
41
What is the Equal Protection Clause?
A constitutional guarantee that zoning laws must be applied fairly and without discrimination.
42
What is the Takings Clause?
The constitutional rule that private property cannot be taken for public use without just compensation.
43
What is the Vested Rights Doctrine?
Protects landowners from sudden regulatory changes if they have made substantial investments in reliance on prior zoning.
44
What is a Facial Challenge?
A legal argument that a zoning ordinance is unconstitutional as written.
45
What is an As-Applied Challenge?
A claim that a zoning ordinance is unconstitutional in its specific enforcement against an individual property.
46
What is the Presumption of Validity?
The legal principle that courts assume zoning laws are valid unless proven otherwise.
47
What is Strict Scrutiny?
A high level of judicial review applied to laws affecting fundamental rights.
48
What is Rational Basis Review?
A lower level of judicial review, requiring that a law be reasonably related to a legitimate government interest.
49
What is Municipal Home Rule?
The authority of local governments to regulate land use without direct state approval.
50
What are State Enabling Acts?
Laws that grant local governments zoning authority.
51
What is a Planning Commission?
An advisory body that reviews zoning proposals and development plans.
52
What is a Zoning Board of Appeals (ZBA)?
A municipal body that hears requests for variances, special permits, and appeals of zoning decisions.
53
What is Administrative Review in zoning?
The process of appealing zoning enforcement decisions to a local board or commission.
54
What is a Public Hearing?
A formal meeting where community members can provide input on land use decisions.
55
What are Legislative Zoning Actions?
Broad policy changes such as adopting or amending zoning ordinances.
56
What are Quasi-Judicial Zoning Actions?
Case-specific zoning decisions that require evidence-based reasoning.
57
What are Ministerial Zoning Actions?
Routine zoning approvals that involve no discretion if the applicant meets established criteria.
58
What is Nonconforming Use Expansion?
Rules governing whether a pre-existing, nonconforming use can be enlarged.
59
What is Nonconforming Use Amortization?
A legal process requiring nonconforming uses to cease after a set period.
60
What is Conditional Rezoning?
A rezoning action that includes conditions agreed upon by the property owner and municipality.
61
What is a Development Agreement?
A legally binding contract between a municipality and a property developer outlining project conditions.
62
What is Illegal Spot Zoning?
Arbitrary zoning changes benefiting a single parcel with no valid public interest justification.
63
What is the Standard City Planning Enabling Act (SCPEA)?
A model law from the U.S. Department of Commerce that provided a framework for city planning and zoning.
64
What is Legislative Deference?
The principle that courts generally uphold zoning laws unless they are arbitrary or lack a rational basis.
65
What is the Fairly Debatable Standard?
If a zoning law’s validity is subject to reasonable debate, courts will uphold it.
66
What is Cumulative Zoning?
A zoning approach where higher-intensity land uses are permitted in lower-intensity districts (e.g., apartments allowed in a single-family zone).
67
What is Exclusive Zoning?
Zoning that strictly limits land use to a single category (e.g., only single-family homes allowed).
68
What are Use Districts?
Zoning classifications based on land use type, such as residential, commercial, or industrial.
69
What are Bulk & Height Districts?
Zoning classifications that regulate building size, height, and density.
70
What is the Zoning Classification Hierarchy?
The ranking of zoning categories from least intensive (e.g., single-family residential) to most intensive (e.g., heavy industrial).
71
What are Right-to-Farm Laws?
Laws that protect agricultural operations from nuisance lawsuits due to changing land use patterns.
72
What does Environmental Justice & Zoning study?
The study of how zoning laws disproportionately impact marginalized communities, particularly in terms of environmental hazards.
73
What is Clustering Compatible Land Uses?
The practice of grouping similar land uses together to minimize conflicts and enhance efficiency.
74
What is Segregation by Design?
The historical use of zoning laws to maintain racial and economic segregation in cities.
75
What are Facially Neutral Regulations?
Zoning laws that do not explicitly mention race or economic class but have discriminatory effects.
76
What is Racially Restrictive Zoning?
Historical zoning laws that explicitly or implicitly enforced racial segregation.
77
What is Exclusionary Zoning?
Land use policies that limit affordable housing development, effectively excluding lower-income groups.
78
What is Single-Family Zoning?
A zoning category that restricts development to detached single-family homes, often used to maintain property values and limit density.
79
What are Affordable Housing Zoning Incentives?
Regulations that provide developers with benefits (e.g., increased density allowances) in exchange for including affordable housing units.
80
What is Inclusionary Zoning?
Policies requiring or incentivizing developers to include a percentage of affordable housing units in new projects.
81
What are Overlay Zones for Environmental Protection?
Special zoning districts that impose additional environmental safeguards, such as wetlands preservation or floodplain restrictions.
82
What is the Urban Heat Island Effect & Zoning?
How zoning laws influence temperature disparities in cities by affecting tree cover, green space, and building materials.
83
What is the impact of Air Pollution & Zoning?
The impact of industrial and transportation-related land uses on air quality and public health.
84
What is Hazardous Land Use Regulation?
Zoning restrictions on land uses that pose environmental or public safety risks (e.g., chemical plants, landfills).
85
What is Growth Management Planning?
Strategies used by local governments to control urban expansion and infrastructure demands.
86
What is Smart Growth Policies?
Land use strategies aimed at sustainable development, walkability, and reduced environmental impact.
87
What is Green Infrastructure Planning?
Integrating natural systems into urban design, such as stormwater management through green roofs and permeable surfaces.
88
What is Environmental & Social Vulnerability Data in Zoning?
The practice of using data on pollution exposure, income levels, and climate risks to inform zoning decisions.
89
What is Public Participation in Zoning?
The role of community engagement in shaping zoning laws through public hearings, stakeholder meetings, and comment periods.
90
What is Judicial Review of Zoning Decisions?
The process by which courts evaluate whether zoning laws comply with constitutional and statutory requirements.
91
What are Administrative Zoning Actions?
Routine zoning approvals handled by municipal staff, such as issuing permits that meet established criteria.
92
What are Quasi-Judicial Land Use Decisions?
Zoning decisions that require hearings and fact-based determinations (e.g., variances and conditional use permits).
93
What are Ministerial Actions in Zoning?
Zoning decisions that must be approved if the applicant meets all legal criteria, with no discretion by officials.
94
What is a Land Use Moratorium?
A temporary halt on development while a municipality reviews or updates zoning regulations.
95
What is Amortization of Nonconforming Uses?
A legal method for phasing out nonconforming land uses over time.
96
What is the Comprehensive Plan Consistency Doctrine?
The principle that zoning changes must align with a municipality’s comprehensive plan.
97
What is a Planned Development Overlay (PDO)?
A zoning tool that allows flexible site design while maintaining overall planning objectives.
98
What is the difference between Conditional Rezoning and Contract Zoning?
Conditional rezoning allows zoning changes with attached conditions, while contract zoning involves negotiations that may be legally questionable.
99
What is Regional Land Use Oversight?
The role of counties and regional entities in reviewing local zoning decisions for consistency with broader planning goals.
100
What are Takings Clause Challenges in Zoning?
Legal disputes over whether zoning restrictions constitute a regulatory taking requiring compensation.
101
What is the Public Trust Doctrine & Land Use?
The principle that certain natural resources (e.g., waterways, shorelines) are held in trust for public use.
102
What are Vested Rights & Development Approvals?
The legal protection of a property owner’s right to develop land based on prior approvals, even if zoning laws change.
103
What are Transfer of Development Rights (TDRs)?
A zoning mechanism that allows property owners to transfer development potential from one parcel to another.
104
What are Impact Fees & Exactions?
Charges imposed on developers to fund infrastructure improvements required by new development.
105
What is the difference between Form-Based Codes and Traditional Zoning?
Form-based codes emphasize urban design and building form, while traditional zoning focuses on land use categories.
106
What is Historic Preservation Zoning?
Regulations aimed at protecting historically significant buildings and districts.
107
What is Civic Space Zoning?
Designations for parks, plazas, and other public gathering spaces within urban plans.
108
What are Short-Term Rental Zoning Regulations?
Local laws governing vacation rentals (e.g., Airbnb) to balance tourism and housing affordability.
109
What is Agricultural Zoning?
Zoning classifications that protect farmland from urban encroachment and promote agricultural activities.
110
What are Industrial Buffer Zones?
Areas designated to separate residential neighborhoods from industrial sites to mitigate pollution and noise.
111
What is Mitigation Banking in Land Use?
A system allowing developers to compensate for environmental impacts by preserving or restoring land elsewhere.
112
What is Transit-Oriented Development (TOD)?
Zoning policies that encourage dense, walkable communities near public transportation hubs.
113
What are Form-Based Development Incentives?
Policies that promote aesthetically and functionally cohesive urban design by relaxing certain zoning restrictions for developers who adhere to form-based principles.
114
What are Landscape Ordinances?
Zoning requirements that mandate landscaping elements (e.g., tree planting, green buffers) to improve environmental quality and aesthetics.
115
What is an Overlay District for Climate Resilience?
A zoning designation that incorporates climate adaptation measures like flood-resistant construction standards.
116
What is Stormwater Management Zoning?
Land use regulations aimed at reducing flooding and water pollution through sustainable drainage solutions.
117
What is Common Law Dedication?
The process by which private land is given to public use through long-term, voluntary public access.
118
Define Inverse Condemnation.
A legal claim by a property owner arguing that government regulation has effectively taken property without formal condemnation proceedings or compensation.
119
What is Regulatory Taking?
A situation where a land-use regulation limits the use of private property to such an extent that it is effectively 'taken' under the Fifth Amendment.
120
Differentiate between Physical Taking and Regulatory Taking.
A physical taking involves the government seizing property outright, while a regulatory taking occurs when laws or zoning rules deprive property owners of viable use.
121
What are Exactions?
Conditions or concessions imposed by governments on developers as a condition of permit approval.
122
What does the Rough Proportionality Test assess?
Whether an exaction imposed on a developer is proportional to the development’s impact.
123
What is the Essential Nexus Doctrine?
The legal requirement that a government-imposed land-use restriction must directly relate to a legitimate public purpose.
124
What constitutes Eminent Domain Abuse?
When governments use eminent domain to transfer land to private developers rather than for traditional public use.
125
Define Fractional Interest Ownership.
The concept that multiple parties can own different rights to the same property.
126
What are Appurtenant Rights?
Property rights that are attached to and transfer with the land, such as easements or water rights.
127
What is Cumulative Impact Analysis?
The process of evaluating how multiple land-use decisions collectively affect the environment or community.
128
What is Moratorium Zoning?
A temporary halt on development in an area while the local government studies potential zoning changes or environmental concerns.
129
What is a Floating Zone?
A zoning category that does not apply to a specific area until a landowner requests its designation.
130
Define Downzoning.
The reclassification of land to a lower density or less intense use.
131
What is Upzoning?
Changing zoning regulations to allow more intensive land use.
132
What does Performance Zoning regulate?
Land use based on environmental and functional criteria rather than strict district categories.
133
What is Aesthetic Zoning?
Regulations that govern the appearance of buildings and developments.
134
Define Context-Sensitive Zoning.
Zoning policies that adjust development requirements based on surrounding land use.
135
What is Dual Zoning?
When a property falls under two different zoning classifications.
136
Differentiate between Euclidean Zoning and Form-Based Zoning.
Euclidean zoning segregates land uses into distinct districts, while form-based zoning focuses on urban form and public space integration.
137
What are Riparian Rights?
Legal doctrines allowing landowners adjacent to water bodies to use the water.
138
Define Prior Appropriation.
Grants water rights based on first use.
139
What is Transfer of Development Rights (TDRs)?
A system allowing landowners to sell development rights to others.
140
What is a Conservation Easement?
A voluntary, legally binding agreement that restricts land use to protect natural resources.
141
What is Mitigation Banking?
A program where developers offset environmental damage by restoring natural habitats.
142
Define Grayfield Redevelopment.
The repurposing of underutilized commercial or industrial sites.
143
What are Impervious Surface Restrictions?
Regulations limiting the amount of paved or built-up areas to prevent runoff.
144
What is Wildlife Corridor Zoning?
Land-use regulations that ensure safe passageways for migrating wildlife.
145
What are Dark Sky Ordinances?
Laws regulating outdoor lighting to reduce light pollution.
146
Define Critical Areas Protection.
Laws restricting development in environmentally sensitive areas.
147
What is the difference between Gentrification and Displacement Protections?
Legal frameworks aimed at balancing neighborhood redevelopment with protections for low-income residents.
148
What are Inclusionary Housing Mandates?
Local laws requiring developers to include a percentage of affordable units in new residential projects.
149
What is an Accessory Dwelling Unit (ADU)?
Smaller secondary housing units permitted to increase affordable housing supply.
150
What are Rent Control & Preemption Laws?
Local rent stabilization laws and state-level laws that limit or prohibit rent control.
151
What does Environmental Justice in Land Use entail?
The principle that land use laws should prevent the disproportionate placement of polluting industries in marginalized communities.
152
What are Transit-Oriented Development (TOD) Incentives?
Zoning and funding policies that encourage walkable, high-density development near public transportation hubs.
153
What is Enabling Legislation?
Laws that grant local governments the authority to regulate land use.
154
What is a Zoning Hearing Examiner?
An official who reviews quasi-judicial zoning disputes.
155
What is Comprehensive Plan Deviation?
When a zoning decision conflicts with a jurisdiction’s long-term land use plan.
156
Differentiate between Legislative and Administrative Zoning Actions.
Legislative actions involve broad policy changes, while administrative actions involve routine permit approvals.
157
What is the Public Trust Doctrine?
The principle that certain natural resources are held in trust by the government for public use.
158
What do Sunshine Laws & Open Meetings Acts require?
Transparency in government decision-making, including zoning hearings.
159
What does Standing in Land Use Litigation refer to?
The legal ability of individuals or groups to sue over land use decisions.
160
What are Referendum & Initiative in Zoning?
Processes allowing voters to approve or reject land use regulations directly.
161
What is Quasi-Judicial Review in Zoning?
The process where zoning boards act like courts in zoning cases.
162
Define Shadow Zoning.
Informal or unpublished zoning practices that shape development outside of official regulations.
163
What are Zombie Subdivisions?
Abandoned or partially built residential developments left unfinished due to economic downturns.
164
What is Greenbelt Zoning?
Restrictions that preserve undeveloped land around urban areas to control sprawl.
165
Define Reverse Spot Zoning.
When a property is rezoned to a less valuable designation to prevent undesirable development.
166
What are Blue Laws in relation to Land Use?
Historical restrictions on certain activities based on religious or moral considerations.
167
What are Air Rights?
The ability to buy, sell, or transfer development rights above a property.
168
What is the Nollan-Dolan Test?
A legal test requiring land-use exactions to have an essential nexus to a legitimate government interest.
169
What does the Penn Central Test determine?
Whether a regulation constitutes a regulatory taking.
170
What is the Loretto Rule?
Any permanent physical occupation of private property by the government is considered a taking requiring compensation.
171
What is the Lucas Rule?
When a regulation completely deprives property of all economic use, it is considered a per se taking.
172
What does the Mugler-Hadacheck Doctrine establish?
The government can regulate land use without compensation for public health, safety, and welfare.
173
What is the Dormant Commerce Clause in relation to Land Use?
Local zoning laws cannot discriminate against or unduly burden interstate commerce.
174
What is Chevron Deference in Land Use?
A principle where courts defer to local or state agency interpretations of ambiguous zoning statutes.
175
What is the Public Necessity Doctrine?
The government’s ability to override private property rights in emergencies without compensation.
176
What is Urban Renewal?
The use of eminent domain for economic redevelopment, particularly post-Kelo v. City of New London.
177
What is the Balancing Test for Exclusionary Zoning?
Courts balance local zoning autonomy with the constitutional right to housing.
178
What are Transferable Air Rights (TARs)?
A specialized version of Transfer of Development Rights allowing landowners to sell development rights above their property.
179
Define Overlay Floating Zones.
A hybrid zoning tool where additional regulations 'float' over existing zoning.
180
What is De Facto Zoning?
When land-use restrictions are informally imposed without formal zoning laws.
181
What is Performance-Based Zoning?
Regulating land use based on measurable environmental impacts rather than fixed categories.
182
What is Incentive Zoning?
A system where developers receive benefits in exchange for public amenities.
183
What are Inclusionary Transfer of Development Rights (I-TDRs)?
A zoning mechanism that combines affordable housing mandates with the ability to transfer development rights.
184
What is Cap-and-Trade Zoning?
A system that limits total development capacity and allows trading of entitlements.
185
Define Reverse Exactions.
When governments compensate developers for foregoing development that would otherwise be permitted.
186
What are Conditional Density Bonuses?
Additional density allowances provided only if certain public benefits are included.
187
What is Graduated Zoning?
A system where zoning intensity increases as infrastructure expands.
188
What is Climate Adaptation Zoning?
Regulations that adjust zoning rules based on climate change projections.
189
Define Managed Retreat Policy.
A land-use strategy where communities gradually relocate from high-risk climate zones.
190
What is Eco-District Zoning?
A framework where neighborhoods commit to zero-carbon energy and waste reduction goals.
191
What are Natural Hazard Overlay Zones?
Zoning districts restricting development in hazard-prone areas.
192
What is Living Shorelines Policy?
Regulations requiring natural erosion control methods in coastal areas.
193
What is Carbon Neutral Zoning?
Developments must offset all greenhouse gas emissions.
194
What are Stormwater Fee-In-Lieu Programs?
A system where developers pay into a fund for off-site stormwater improvements.
195
Define Environmental Mitigation Ratios.
Rules requiring developers to restore habitat for every acre they impact.
196
What is Watershed-Based Zoning?
Land use planning based on regional water resources.
197
What is Microgrid Land Use Policy?
Zoning regulations supporting neighborhood-level energy production.
198
What is Disparate Impact in Zoning?
A standard where zoning laws can be unlawful if they have discriminatory effects.
199
Define Racial Covenants.
Historical deed restrictions that prohibited non-white ownership.
200
What is Zoning as a Tool of Social Engineering?
The use of zoning laws to shape demographic and economic outcomes.
201
What is Workforce Housing Zoning?
Regulations aimed at creating middle-income housing near employment centers.
202
What is Age-Restricted Zoning?
Zoning that limits occupancy to residents above a certain age.
203
What is Digital Nomad Zoning?
Zoning rules addressing remote workers and co-living spaces.
204
What are Community Land Trusts?
Nonprofit entities controlling land to ensure permanent affordability for housing.
205
Define Social Impact Zoning.
Zoning approval is contingent on a project's measured impact on equity.
206
What are Guaranteed Housing Rights?
Policies that prevent rezoning-induced displacement for existing residents.
207
What is Public Land Disposition for Affordable Housing?
The process by which municipal governments transfer publicly owned land to affordable housing developers.
