Chapter 6 - Land Use Regulations

Moratorium

A temporary prohibition of an activity.

Escheat

The reversion to the State of property in event the owner thereof abandons it or dies, without leaving a will and has no distributees to whom the property may pass by lawful descent.

Cul-de-sac

A blind alley: a street with only one outlet.

Certificate of Occupancy (CO)

A document issued by a governmental authority that a building is ready and fit for occupancy.

Family

A group consisting of parents and children living together in a household.

Master Plan

A long-term planning document. It establishes the framework and key elements of a site reflecting a clear vision created and adopted in an open process. It synthesizes civic goals and the public's aspirations for a project, gives them form and organization, and defines a realistic plan for implementation, including subsequent approvals by public agencies.

Comprehensive Plan

A master plan for a town or city.

Eminent Domain

A right of the government to acquire property for necessary public use by condemnation in which the owner must be fairly compensated.

Easement

A right that may be exercised by the public or individuals on, over or through the lands of others.

Lack of use by the dominant tenement

According to the doctrine of latches, an easement granted by a homeowner can be terminated.

Doctrine of Laches

Failure to do something at the proper time, especially such delay as will bar a party from bringing a legal proceeding.

As-of-right development

If a real estate developer builds a building that complies with the local zoning laws, the building will be referred to as a/an.

Abutting

Parcels of land next to each other that share a common border.

Area Variance

Permission to modify or exceed the bulk regulations imposed by local zoning ordinances.

Use Variance

Permission to use or develop land other than that permitted by local zoning ordinances.

Zoning Ordinance

Regulations by a city or town specifying the type and use to which property may be put in specific areas.

Building Code

Regulations established by state or local governments stating the structural requirements for buildings.

Census Tract

Small, relatively permanent statistical subdivisions of a country or equivalent entity that are updated by local participants prior to each decennial census. The primary purpose of the census tracts is to provide a stable set of geographic units for the presentation of statistical data.

Condemnation

Taking private property for public use, with fair compensation to the owner; exercising the right of eminent domain.

Taking

The act of a government body obtaining a property under its power of eminent domain.

Spot Zoning

The application of zoning to a specific parcel of land within a larger zoned area when the rezoning is usually at odds with a city's master plan and current zoning restrictions.

Setbacks

The distance from the curb or other established line, within which no buildings may be erected.

To provide a stable set of geographic units for the presentation of statistical data

The primary purpose of census tracts.

Transfer of Development Rights

The purchase and use of air rights from adjoining or nearby properties.

Police Power

The right of any political body to enact laws and enforce them, for the order, safety, health, morals and general welfare of the public.

Demography

The statistical study of human populations.

Building Permit

Written governmental permission for the construction, renovation or substantial repair of a building.

Home Occupation

A business conducted in a residential dwelling unit that is incidental and subordinate to the primary residential use.

Home Occupations

A business conducted in a residential dwelling unit that is incidental and subordinate to the primary residential use.

Group Home

A home where a small number of unrelated people in need of care, support, or supervision can live together, such as those who are elderly or mentally ill.

Deed Restriction

A imposed restriction in a deed for the purpose of limiting the use of the land such as: 1) A restriction against the sale of liquor thereon. 2) A restriction as to the size, type, value or placement of improvements that may be erected thereon.

Eminent Domain

A right of the government to acquire property for necessary public use by condemnation; the owner must be fairly compensated.

Accessory Apartment Uses

A second residential unit that may be contained within an existing single-family home, garage, or carriage house. An accessory apartment is usually required to be a complete housekeeping unit that can function independently with separate access, kitchen, bedroom, and sanitary facilities.

Zoning Ordinance

Act of city or country of other authorities specifying type and use to which property may be put in specific areas.

Infrastructure

Basic physical and organizational structures needed for the operation of a society or city.

As-of-right

David owns a single family house and wants to build a new extension at the rear of the house. David hires an architect who verifies that the local zoning laws allow David to build a 10'-0" extension. The extension to David's house is:

Maintain property values

One of the goals of Government regulations, with regards to land use.

New York State Office of Parks, Recreation and Historic Preservation (OPRHP)

Oversees public recreational areas and administrates federal and state preservation programs authorized by federal and state law.

Building Code

Regulations established by state or local governments stating fully the structural and egress requirements for a building.

Building Code

Regulations established by state or local governments stating fully the structural and egress requirements for buildings.

Air Rights

Rights in real property to use the space above the surface of the land.

Topography

The arrangement of the natural and artificial physical features of an area.

Variance

The authorization to improve or develop a particular property in a manner not authorized by zoning.

Subdivision Regulations

The control of the division of a tract of land into individual lots by requiring development according to specific design standards and procedures adopted by local ordinances.

Doctrine of Laches

The failure to do something at the proper time, especially when such a delay will bar a party from bringing a legal proceeding.

Moratorium

The following is issued by a town or city when a proposed project or use is perceived to violate the local master plan.

Lead Agency

The governmental agency that oversees the environmental impact process and makes final decisions.

Survey

The process by which a parcel of land is measured and its area ascertained; also the blueprint showing the measurements, boundaries and area.

Right-of-Way

The right to pass over another's land pursuant to an easement or license.

Legislative body

The town council often serves as this body of government.

Accessory Use

The use of land that is subordinate, incidental to, and customarily found in connection with the principal use allowed on a lot by the zoning law.

Accessory Uses

The use of land that is subordinate, incidental to, and customarily found in connection with the principal use allowed on a lot by the zoning law. A garage is incidental to the principal use of a lot as a single-family residence and customarily found on a single-family parcel.

Master Plan

This is a long-term planning document. It establishes the framework and key elements of a site reflecting a clear vision created and adopted in an open process.

OPRHP

This organization oversees public recreational areas and administers federal and state preservation programs authorized by federal and state law.

Spot zoning

This refers to the application of zoning to a specific parcel of land within a larger zoned area when the rezoning is usually at odds with a city's master plan and current zoning restrictions.

Incentive Zoning

This type of zoning often results in a trade between a developer and the city, whereby the city allows the developer to build additional square feet in return for a public space built by the developer.

Non-conforming Use

Utilization of a use that does not comply with local zoning for a particular parcel.