Chapter 8 - Land Use Regulations Flashcards Preview

NYREI > Chapter 8 - Land Use Regulations > Flashcards

Flashcards in Chapter 8 - Land Use Regulations Deck (37)
Loading flashcards...
1
Q

Abutting Property

A

Two contiguous parcels of land that share at least one common boundary.

2
Q

Accessory Apartment

A

Apartment located within a primary residence.

3
Q

Accessory Use

A

Uses of property subordinate to principal use - EX: home office is an accessory use in a primary residence.

4
Q

Area Variance

A

Entitle landowners to use land in a way not typically allowed by dimensional/physical requirements of zoning law. EX: change setback/height, etc.

5
Q

As of Right Zoning

A

Prohibits discrimination amongst landowners in zone - if one can put up a fence, all can.

6
Q

Census Tract

A

Small areas used to track demographics by US government with the Census

7
Q

Certificate of Occupancy

A

Inspections have been made and building is considered fit for occupancy.

8
Q

Cluster Zoning

A

Varied selection of lots and hosting choices that incorporate green spaces into the community

9
Q

Condemnation

A

Taking of property for public use - constitutional as long as owner is paid fair market value, and property is taken for the benefit and use of the public.

10
Q

Deed Restriction

A

Restrictive covenants in a deed that apply to all future landowners. Can be conditional (property reverts to original owner) or non-conditional (grantee is ordered to rectify situation or pay damages but retain title).

11
Q

Demography

A

Social/economic status - can the community support whatever is being proposed?

12
Q

Doctrine of Laches

A

Loss of legal rights due to failure to assert rights in a timely manner - 2 years in NY.

13
Q

Eminent Domain

A

Government’s constitutional power to appropriate or condemn private property for public use as long as owner is paid just compensation.

14
Q

Escheat

A

Title refers back to the state when a person dies without a will and without heirs.

15
Q

Group Home

A

Residential facility in a residential zone for three or more unrelated people. Often serve special needs - handicapped/disabled, recovering addicts, rehab, foster homes, etc.

16
Q

Incentive Zoning

A

Developers receive incentives on condition that they provide benefits to the community. EX: affordable housing, recreational facilities, etc.

17
Q

Infrastructure

A

Support facilities and services - roads, parks, sewers, utilities, schools, police/fire department

18
Q

Lead Agency

A

Lead agency makes a final decision on environmental evaluations when local, state, and federal agencies are all involved in the evaluation process.

19
Q

Moratorium

A

Suspension of developmental approvals for property owners by planning boards while local legislature makes changes.

20
Q

New York State Office of Parks, Recreation and Historic Preservation

A

Oversees public recreation areas and administers historic preservation projects.

21
Q

New York State Uniform Fire Prevention and Building Code

A

Sets forth safety, construction, sanitation standards for the building and upkeep of buildings. Whichever code is more stringent (local or state) applies.

22
Q

Nonconforming Use

A

Land use doesn’t conform with zoning laws but is allowed because land use was established before current zoning laws were enacted .

23
Q

Plat

A

Submitted by developers to local government - depicts arrangements of buildings, roads, and other services for development.

24
Q

Police Power

A

Power of government to enact and enforce las to protect public health, safety, morals, and welfare - EX: land use/zoning restrictions

25
Q

Restrictive Covenant

A

Restriction on grantee’s land use to prevent objectionable land use. Must be recorded to be enforceable, and must pertain to land use, maintenance, and the improvement of real property

26
Q

Setback Requirements

A

Structures are located specific distance from front, side, and rear property lines.

27
Q

Special Use Permit

A

Type of variance - allows special use conditional to protections for negative impact towards the surrounding community

28
Q

Spot Zoning

A

Illegal rezoning of a single parcel/small area of land to benefit individual property owners rather than carry out objectives of the master plan.

29
Q

Subdivision Regulations

A

Maintain quality and consistency in subdivisions.

30
Q

Surveys

A

Locate and measure boundaries of a property, identifying improvements, encroachments, and easements associated with it.

31
Q

Taking

A

Government acquires private property for public use by appropriation without compensation.

32
Q

Topography

A

Physical characteristics of land - water, vegetation, trees, rocks, soil, flood plans

33
Q

Transfer of Development Rights

A

Developer buys development rights from property owner who can’t use them.

34
Q

Use Variance

A

Allow landowners to use land in a way not permitted by zoning laws - EX: commercial use in a residential zone.

35
Q

Vacant Land

A

Unimproved land with no buildings on it, or unoccupied buildings.

36
Q

Variance

A

Allows property to be used in a way that doesn’t comply with zoning law.

37
Q

Zoning Ordinance

A

Local laws that divide city/county into different areas and set forth the permitted type of use in each.