Flashcards in Chapter 8 - Land Use Regulations Deck (37)
Two contiguous parcels of land that share at least one common boundary.
Apartment located within a primary residence.
Uses of property subordinate to principal use - EX: home office is an accessory use in a primary residence.
Entitle landowners to use land in a way not typically allowed by dimensional/physical requirements of zoning law. EX: change setback/height, etc.
As of Right Zoning
Prohibits discrimination amongst landowners in zone - if one can put up a fence, all can.
Small areas used to track demographics by US government with the Census
Certificate of Occupancy
Inspections have been made and building is considered fit for occupancy.
Varied selection of lots and hosting choices that incorporate green spaces into the community
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.
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).
Social/economic status - can the community support whatever is being proposed?
Doctrine of Laches
Loss of legal rights due to failure to assert rights in a timely manner - 2 years in NY.
Government's constitutional power to appropriate or condemn private property for public use as long as owner is paid just compensation.
Title refers back to the state when a person dies without a will and without heirs.
Residential facility in a residential zone for three or more unrelated people. Often serve special needs - handicapped/disabled, recovering addicts, rehab, foster homes, etc.
Developers receive incentives on condition that they provide benefits to the community. EX: affordable housing, recreational facilities, etc.
Support facilities and services - roads, parks, sewers, utilities, schools, police/fire department
Lead agency makes a final decision on environmental evaluations when local, state, and federal agencies are all involved in the evaluation process.
Suspension of developmental approvals for property owners by planning boards while local legislature makes changes.
New York State Office of Parks, Recreation and Historic Preservation
Oversees public recreation areas and administers historic preservation projects.
New York State Uniform Fire Prevention and Building Code
Sets forth safety, construction, sanitation standards for the building and upkeep of buildings. Whichever code is more stringent (local or state) applies.
Land use doesn't conform with zoning laws but is allowed because land use was established before current zoning laws were enacted .
Submitted by developers to local government - depicts arrangements of buildings, roads, and other services for development.
Power of government to enact and enforce las to protect public health, safety, morals, and welfare - EX: land use/zoning restrictions
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
Structures are located specific distance from front, side, and rear property lines.
Special Use Permit
Type of variance - allows special use conditional to protections for negative impact towards the surrounding community
Illegal rezoning of a single parcel/small area of land to benefit individual property owners rather than carry out objectives of the master plan.
Maintain quality and consistency in subdivisions.
Locate and measure boundaries of a property, identifying improvements, encroachments, and easements associated with it.
Government acquires private property for public use by appropriation without compensation.
Physical characteristics of land - water, vegetation, trees, rocks, soil, flood plans
Transfer of Development Rights
Developer buys development rights from property owner who can't use them.
Allow landowners to use land in a way not permitted by zoning laws - EX: commercial use in a residential zone.
Unimproved land with no buildings on it, or unoccupied buildings.
Allows property to be used in a way that doesn't comply with zoning law.