Land Use Regulations Flashcards Preview

NY Real Estate Exam Study > Land Use Regulations > Flashcards

Flashcards in Land Use Regulations Deck (16)
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1
Q

Zoning determines the…

A

usage allowed for a building or subdivision.

2
Q

Zoning also determines the…

A

‘bulk’ of a house or building, meaning the maximum size of the structure (height, square footage, size of floor plate).

3
Q

The Zoning Board of Appeals is a…

A

local appointed Board that has the power to review administrative rulings made by the Planning Board or another legislative body

4
Q

One of the main duties of a Zoning Board of Appeals is to…

A

maintain the essential character of neighborhoods.

It is the interpreter of the zoning ordinance.

5
Q

The Zoning Board of Appeals is also…

A

responsible for granting variances.

6
Q

A non-conforming use is a…

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.

7
Q

Variance is the authorization to…

A

improve or develop a particular property in a manner not authorized by the local zoning code.

8
Q

A use variance allows a homeowner to…

A

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.

9
Q

An area variance allows the property owner to…

A

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.

10
Q

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…

A

the more stringent Code will supersede the State code.

11
Q

If a property owner dies intestate (without having a valid will), the decedent’s property is…

A

distributed to their heirs.

12
Q

If the deceased property owner does not have any heirs, the property…

A

reverts to the State. This is known as escheat.

13
Q

Eminent domain is the RIGHT of the government to…

A

acquire private property for necessary public use. The property owner must receive fair compensation.

14
Q

Eminent domain is the RIGHT of the government to…

A

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.

15
Q

Condemnation is the ACT of…

A

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.

16
Q

Percolation is the…

A

movement of water through soil.