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Questions and Answers
What does agriculture zoning designate?
What does agriculture zoning designate?
- Residential neighborhoods
- Historic preservation zones
- Areas for public parks
- Areas for raising and grazing animals (correct)
What is open space zoning?
What is open space zoning?
- Commercial areas
- Land intended for agriculture
- Land for residential use
- Undeveloped land for recreation (correct)
What are parklands zoning?
What are parklands zoning?
Commonly public recreation areas administered and controlled by state and local governments.
What does recreation areas zoning include?
What does recreation areas zoning include?
What does institutional zoning cover?
What does institutional zoning cover?
Vacant land can be defined as property that has never been built on or that was built on but was brought back to its natural state.
Vacant land can be defined as property that has never been built on or that was built on but was brought back to its natural state.
Incentive zoning is when a municipality pays a developer a bonus if the developer completes construction of a multi-use facility within budget and 30 days before the scheduled deadline.
Incentive zoning is when a municipality pays a developer a bonus if the developer completes construction of a multi-use facility within budget and 30 days before the scheduled deadline.
The FAR (floor area ratio) describes building height.
The FAR (floor area ratio) describes building height.
The FAR is calculated by dividing the gross floor area of a building by the total area of the lot.
The FAR is calculated by dividing the gross floor area of a building by the total area of the lot.
The same FAR can describe a building that covers the entire lot, just half the lot, or just one-quarter of the lot.
The same FAR can describe a building that covers the entire lot, just half the lot, or just one-quarter of the lot.
FAR includes all structures that will be inhabited, plus any parking areas or structures.
FAR includes all structures that will be inhabited, plus any parking areas or structures.
What's the purpose of bulk zoning regulations?
What's the purpose of bulk zoning regulations?
What rule specifies how tall a building can be in bulk requirements?
What rule specifies how tall a building can be in bulk requirements?
What rule specifies the distance required between a building and its lot's street-facing edge?
What rule specifies the distance required between a building and its lot's street-facing edge?
What rule specifies the distance required between a building and its lot's side property line?
What rule specifies the distance required between a building and its lot's side property line?
Which rule specifies the distance required between a building and its lot's rear property line?
Which rule specifies the distance required between a building and its lot's rear property line?
What is the purpose of aesthetic zoning?
What is the purpose of aesthetic zoning?
What is downzoning?
What is downzoning?
Inverse condemnation occurs when property value is diminished due to adjacent land being taken for public use.
Inverse condemnation occurs when property value is diminished due to adjacent land being taken for public use.
Sometimes downzoning is used to limit sprawl and overgrowth of cities.
Sometimes downzoning is used to limit sprawl and overgrowth of cities.
Downzoning isn't used for conservation or recreational purposes.
Downzoning isn't used for conservation or recreational purposes.
Homeowners living in an area when downzoning occurs will usually be grandfathered in.
Homeowners living in an area when downzoning occurs will usually be grandfathered in.
Homeowners adjacent to a downzoned area who believe the downzoning has harmed their property value can claim inverse condemnation.
Homeowners adjacent to a downzoned area who believe the downzoning has harmed their property value can claim inverse condemnation.
Inverse condemnation is an action the government takes against homeowners who complain publicly about a downzoning decision that has affected the value of their property.
Inverse condemnation is an action the government takes against homeowners who complain publicly about a downzoning decision that has affected the value of their property.
The Freedom of Information Act is a state-specific law.
The Freedom of Information Act is a state-specific law.
The sunshine law is also known as the open meeting law.
The sunshine law is also known as the open meeting law.
The sunshine law means that all meetings of zoning boards, planning boards, and local zoning authorities are open to the public.
The sunshine law means that all meetings of zoning boards, planning boards, and local zoning authorities are open to the public.
The records of all zoning board, planning board, and local zoning authority meetings are closed to the public.
The records of all zoning board, planning board, and local zoning authority meetings are closed to the public.
What does abutting mean?
What does abutting mean?
What is an example of accessory apartment use?
What is an example of accessory apartment use?
What is an accessory use?
What is an accessory use?
What is condemnation?
What is condemnation?
What is the Doctrine of Laches?
What is the Doctrine of Laches?
What is eminent domain?
What is eminent domain?
What is escheat?
What is escheat?
How is family defined by law?
How is family defined by law?
What is a home occupation?
What is a home occupation?
What is a lead agency?
What is a lead agency?
What does police power refer to?
What does police power refer to?
What are restrictive covenants?
What are restrictive covenants?
'Taking' as defined by the courts refers to what?
'Taking' as defined by the courts refers to what?
What is the transfer of development rights?
What is the transfer of development rights?
What is a group home?
What is a group home?
What is a nonconforming use (zoning)?
What is a nonconforming use (zoning)?
What is an example of nonconforming use zoning?
What is an example of nonconforming use zoning?
What is variance (zoning)?
What is variance (zoning)?
What are the two types of variance zonings?
What are the two types of variance zonings?
What is area variance zoning?
What is area variance zoning?
What is use variance zoning?
What is use variance zoning?
What is an example of area variance zoning?
What is an example of area variance zoning?
What is an example of use variance zoning?
What is an example of use variance zoning?
What is a variance?
What is a variance?
What is a special use permit also known as?
What is a special use permit also known as?
What is nonconforming use?
What is nonconforming use?
What does Use Variance allow?
What does Use Variance allow?
What does Use Variance allow the owner to do?
What does Use Variance allow the owner to do?
What is area variance?
What is area variance?
A special use permit requires a public hearing.
A special use permit requires a public hearing.
To obtain a special use permit, a property owner must demonstrate hardship due to the current zoning restrictions.
To obtain a special use permit, a property owner must demonstrate hardship due to the current zoning restrictions.
A special use permit is also known as a use variance.
A special use permit is also known as a use variance.
The zoning board of appeals will usually grant a special use permit if the proposed use is in harmony with local zoning ordinances and laws.
The zoning board of appeals will usually grant a special use permit if the proposed use is in harmony with local zoning ordinances and laws.
When the property owner wishes to build a property that's expressly listed in the zoning ordinance as allowed under certain conditions, is it a variance or special use permit?
When the property owner wishes to build a property that's expressly listed in the zoning ordinance as allowed under certain conditions, is it a variance or special use permit?
When the property owner has to prove that the current zoning restrictions are causing the owner unnecessary hardship, is it a variance or special use permit?
When the property owner has to prove that the current zoning restrictions are causing the owner unnecessary hardship, is it a variance or special use permit?
What is required for the property owner to show when claiming that the hardship is not self-inflicted?
What is required for the property owner to show when claiming that the hardship is not self-inflicted?
The permit requested is for a type of property the zoning board has already determined could be beneficial to the community. Is this a variance or special use permit?
The permit requested is for a type of property the zoning board has already determined could be beneficial to the community. Is this a variance or special use permit?
What purpose does bulk zoning serve?
What purpose does bulk zoning serve?
What's one of the ways that bulk zoning achieves its objectives?
What's one of the ways that bulk zoning achieves its objectives?
What's the biggest difference between an area variance and a use variance?
What's the biggest difference between an area variance and a use variance?
What is one reason a town may lower the density of zoning in an area?
What is one reason a town may lower the density of zoning in an area?
If downzoning occurs in one area, reducing property values in adjacent areas, what can homeowners in those adjacent areas do?
If downzoning occurs in one area, reducing property values in adjacent areas, what can homeowners in those adjacent areas do?
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Study Notes
Public Land Use Controls and Zoning Classifications
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Agriculture Zoning: Land designated specifically for farming, animal grazing, and crop cultivation.
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Open Space Zoning: Refers to undeveloped land that can include pathways, vacant city lots, and large tracts of unbuilt land.
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Parklands Zoning: Public recreational areas managed by local and state governments.
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Recreation Areas Zoning: Includes diverse areas such as parks, shorelines, fishing spots, trails, and access to waterways.
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Institutional Zoning: Areas reserved for facilities like hospitals, educational institutions, jails, and public schools.
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Vacant Land: Property that has never been developed or has reverted to its natural state after previous development.
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Incentive Zoning: Allows construction types that are otherwise prohibited if the developer offers benefits to the municipality.
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Floor Area Ratio (FAR): Calculated by dividing the total gross floor area of a building by the area of the lot, without determining building height.
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Bulk Zoning Regulations: Designed to control building density through specific design and height requirements.
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Bulk Requirements: These rules dictate maximum building height, front yard set back, side setbacks, and rear yard setbacks based on zoning ordinances.
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Aesthetic Zoning: Aims to maintain the architectural character and visual harmony of a neighborhood.
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Downzoning: The act of reclassifying an area from a higher-density zone to a lower-density use, often to control urban sprawl.
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Inverse Condemnation: Occurs when property values decrease due to nearby land being appropriated for public use, allowing affected homeowners to seek claims.
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Grandfathering: Existing uses that predate new zoning laws are allowed to continue, providing protection for current homeowners.
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Freedom of Information Act: A federal law that requires public accessibility to government records, counter to being a state-specific law.
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Sunshine Law: Also known as the open meeting law; mandates public access to meetings of local governing bodies.
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Abutting: Describes parcels of land sharing a common boundary.
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Accessory Apartment Use: Refers to additional living spaces, such as mother-in-law suites, that are secondary to the main residence.
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Eminent Domain: The government’s power to take private property for public needs.
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Doctrine of Laches: Legal principle indicating loss of a right viewed as forfeited if not timely exercised.
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Escheat: Government’s right to claim an estate with no heirs or will upon someone's death.
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Home Occupation: Running a business from a residential property.
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Lead Agency: The organization responsible for overseeing environmental impact reviews.
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Police Power: Government authority to enact laws for the health, safety, and welfare of citizens.
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Restrictive Covenants: Legal promises concerning how property may be used or developed, stated in a deed.
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"Taking" by Government: Refers to actions depriving landowners of all viable property use, impacting financial returns.
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Transfer of Development Rights: Program facilitating development in suitable areas while protecting agriculture or sensitive environments.
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Group Home: A facility housing five or more adults released from institutional care.
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Nonconforming Use: Existing properties that do not comply with new zoning laws are allowed to continue under previous usage rights.
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Variance (Zoning): Permission to deviate from zoning ordinances due to demonstrated owner hardship.
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Special Use Permit: Allows for uses not generally permitted in a zoning district, granted under specific conditions.
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Area vs. Use Variance: An area variance modifies zoning bulk regulations; a use variance permits uses otherwise not allowed by zoning.
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Setbacks: Required distances from a property line to regulate building density and spacing.
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Economic Hardship: A necessary justification for obtaining a variance, demonstrating that existing zoning restrictions severely affect usability or value.
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Public Hearings Requirement: Special use permits typically require public hearings to assess benefit to the community.
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Adjacent Property Claims: Homeowners in areas affected by downzoning may seek compensation through inverse condemnation claims.
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