Land use controls

A plat map

a document submitted by a developer to a planning board to show lot locations and sizes.

A zoning variance

a permitted deviation of zoning requirements, such as a 9.5-foot setback rather than the required 10-foot setback.

A group home

a residential facility for five or more adults who have been institutionalized and then released.

An easement

a right acquired by one party to use the land of another party for a specific purpose (e.g., to cross the land to access another area).

A moratorium

a temporary halting of development in a given area.

An accessory use

a use that is subordinate to the main use of a single-family home, such as a tool shed or in-law house

A party wall

a wall constructed on the boundary line between two properties.

Building codes

address the method of construction, materials used, and the safety and sanitary standards of the building.

Incentive zoning

allows otherwise prohibited development in return for the developer providing a community benefit, such as a park, walkway, etc.

Covenants

are agreements between two or more parties. If the agreement is violated, ownership can be terminated.

Agricultural zoning

areas are those designated for raising and grazing animals and/or growing crops.

Planned unit developments

areas of mixed use that allow both residential and commercial development.

Local governments are responsible for

budgeting, building codes, site plans, subdivisions, and zoning.

Conditions

contingencies in which a property would be won or lost if the conditions are violated.

Private land use controls include

easements, liens, eminent domain, deed restrictions, and subdivision regulations.

The planning board

ensures that community growth is controlled and orderly; it develops the master plan which includes budgeting for long-term projects. maps out zones and specifies allowed uses within those zones.

Floor-to-area ratio

has to do with how much lot the building may consume in its design.

Building codes

help to ensure safe, properly functioning buildings for their occupants. provide the bare minimum standards for all buildings in the state, whether residential or commercial.

Zoning ordinances

include a zoning map designating specific use, and text describing the zoning classifications and uses permitted within them.

Community infrastructure

includes water systems, sewers, utilities, roads, medical services, fire and police support.

The Sunshine Law

is also known as the open meeting law and is supported by the Freedom of Information Act. requires all meetings of zoning boards, planning boards, and local zoning authorities to be open to the public

"Home occupation"

is use for business purposes by the residents of a single-family dwelling that does not change the character of the dwelling in any way.

The certificate of occupancy

issued after satisfactory final inspection of a construction project.

A special use permit

issued to allow use in a zone that is not normally permitted by the zone. This requires permission of the planning board or other legislative body. will require a public hearing for approval.

Per the federal Fair Housing Act,

it is illegal to discriminate in housing (whether for sale, rental, financing, or insurance) on the basis of race, sex, religion, national origin, color, disability, or familial status.

A claim of inverse condemnation

may be made by a homeowner whose value is diminished by the downzoning of adjacent property.

A deed restriction

may be placed on a deed anytime during ownership, and may be permanent or for a specified period of time.

A mechanic's lien

may be placed on a property when the owner did not pay a contractor for work done on the property.

Developers who intend to use FHA financing or offer FHA financing to buyers

must follow FHA minimum building standards.

Easements

non-possessory rights.

Escheat

occurs when a property owner dies without having a will in place, and no heirs or creditors can be found.

An easement by prescription

one acquired through use through the years.

A specific lien

one placed against a specific piece of property.

A general lien

one placed against all property belonging to an individual.

An involuntary lien

one placed against the property without the owner's consent.

A voluntary lien

one that is created with the consent of the owner of the property (e.g., a mortgage).

Examples of an area designated as a recreation area

parks, shorelines, public fishing areas, trails, and waterway access.

An easement appurtenant

permanent right to use another's land for the benefit of an adjacent property owner.

Property tax liens

placed when real estate taxes have not been paid for the property.

The Interstate Land Sales Full Disclosure Act

prevents the fraudulent sale of property across state lines.

Vacant land

property that was never built on, or that was built on but was subsequently brought back to its natural state.

Before zoning changes are implemented,

public hearings are held, and the changes undergo tests of fairness and validity.

Setback requirements

specify minimum distances between a dwelling or other improvements and an adjacent property.

Police power

the government's authority at all levels to ensure the health, safety, and welfare of its citizens, including the control of public land use.

The servient estate

the one that suffers the easement; the dominant estate is the one that enjoys the easement.

Downzoning

the process of assigning a lower density use zone to an area that previously allowed higher density.

An easement in gross

the right to use the land, but it is not necessarily for the benefit of an adjoining property.

aesthetic zoning

to preserve the architectural integrity and cohesive look of an area.

Public open space

undeveloped land owned either by private individuals or the government.

An easement by necessity

usually involves access to a road.

The zoning board of appeals

usually will grant a special use permit if the proposed use is in harmony with local zoning ordinances and laws.

Nonconforming use

when an existing owner of a property is allowed to continue a use that is no longer allowed under new zoning or rezoned regulations.

An area zoned as institutional

would include areas designated for hospitals, jails and prisons, courthouses, and public and private schools.