Chapter 6

Incentive Zoning

"Scratch each others backs" -When a developer wants to build another 5 levels on an apartment building. The town can say, if they build a public playground on the corder of their property, they can have the lien to build the extra 5 levels.

Residential

-Accessory Uses -Apartment -Accessory Home Occupation Group Home

Use Variances

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

Zoning Classifications

-Residential -Commercial -Industrial *3 most common -Vacant -Agricultural -Public open space -Park lands -Recreational -Institutional

Types of Variances

-Use Variances -Area Variances

Proof of use variance need

1) Applicant is deprived of all economic use of benefit hardship is unique. 2) Not universal to area or neighborhood. 3) Variance will not change essential character of neighborhood. 4) alleged hardship is not self-created. A unique hardship might be, if there is a corner lot in a residential zone that is so orly shaped it can only be used for a gas station. City may grant a use variance. -Will it change the use of the neighborhood?

Reasons one won't get an area variance.

1) Undesirable change or detriment to nearby properties if granted. -Height difference in properties for instance is very noticeable. 2) If benefit sought can be achieved by other feasible means. 3) Is variance substantial? (Smaller variances get granted more often) 4) If it would have an adverse effect or impact on physical environment.

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.

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. -Arnet family so can be considered residential.

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.

Eminent Domain

A right of the government to acquire property for necessary public use by condemnation; the owner must be fairly compensated. -If the government want to build a park, road, school etc. they an take the land to build on it. -The constitution requires current owners must be "justly 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. -Can build a mother in law apartment.

Moratorium

A temporary prohibition of an activity. -If too many factors in one district communities can temporarily ban them.

Transfer of Development Rights

A voluntary, incentive- based program that allows landowners to sell development rights from their land to a developer or other interested party who then can use these rights to increase the density of development at another designated location.

As-of-right Development

An as-of-right development complies with all applicable zoning regulations and does not require any discretionary action by the city planning commission or board of standards and appeals. Most developments and enlargements in the city are as of right. -Has the right to build on his land without having to re-zone

Deed Restriction

An imposed restriction in a deed for the purpose of limiting the use of the land

Site Plan

Architectural plan, landscape architecture document and a detailed engineering drawing or proposed improvements to a given lot.

Doctrine of Laches

Failure to do something at the proper time, especially such delay as will bar a party from bringing a legal proceeding. -The doctrine of laches is an equitable defense that seeks to prevent a party from ambushing someone else by failing to make a legal claim in a timely manner.

Agricultural districts

Farms, non-developed.

Open meetings Law (Sunshine Law)

Meetings on zoning must be public and lawmakers must explain to the public why they made the decisions they made.

Abutting

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

Public open space

Parks, woods

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

Article 78 Proceeding

Refers to an article of the Civil Practice Law and rules that allows agreed persons to bring an action against a government body or officer.

Planning Board

Requests to build things are brought here. -Town Council (Town Board)- legislative body -Master of Comprehensive Plan, Official Map, etc. --Master plan/zoning ordinances -Subdivisions -Development Costs -Zoning actions -Capital budgeting -Other planning related actions.

State Environment Quality Review Act SEQR

Requires the agencies to balance the environmental impacts with social and economic factors when deciding to approve or undertake an "Action" -Passed in 1975

Demography

Statistical study of human populations. -Good to know what demographics of people are there to best plan for homes, schools and zoning.

Condemnation

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

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.

Setback

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

Environmental Impact Statements

The impact a new project would have on the environment and also social and business future of a community.

Cluster Zoning

The placing of homes together in a development to preserve wooded areas.

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. -For health safety and general welfare.

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. Unless specifically prohibited you can build a garage or shed etc. on your property.

Interstate Land Sales Full Disclosure Act.

This is an act passed to facilitate regulation of interstate land sales, to protect consumers from fraud and abuse in the sale or lease of land. -Used if one is selling land or property to another, from another state, they have to register the land with federal agencies and disclose info about the project. -In the 50s people would be sold land in florid from a nice brochure, but when they get there it was swamp land. This protects the consumer.

Non-conforming Use

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

Easements

What is NOT an example of the governmental use of Police Power -They do do eminent domain however

Zoning Board of Appeals

When one isn't happy with planning board decision. Can create appeal. -Administrative and quasi-judicial, not policy making -Local administrative appeal mechanisms -Interpreter of Ordinance

Park Lands

Woods or shores of waters. Specific regulations protect them form being disturbed.

Building Permit

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

The private sector can...

create encumbrances, such as liens or easements. -for example, private homeowners can create driveways if whey wish.

Recreational

fighting, biking, hiking etc.

Commercial district

shops, business, hotels etc.