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Public Land Use Controls and Zoning Definitions
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Public Land Use Controls and Zoning Definitions

Created by
@AttentiveRococo

Questions and Answers

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?

  • Commercial areas
  • Land intended for agriculture
  • Land for residential use
  • Undeveloped land for recreation (correct)

    • What are parklands zoning?

    Commonly public recreation areas administered and controlled by state and local governments.

    What does recreation areas zoning include?

    <p>Parks, shorelines, public fishing areas, trails, and waterway access.</p> Signup and view all the answers

    What does institutional zoning cover?

    <p>Areas designated for hospitals, jails and prisons, courthouses, college campuses, and public schools.</p> Signup and view all the answers

    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.

    <p>True</p> Signup and view all the answers

    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.

    <p>False</p> Signup and view all the answers

    The FAR (floor area ratio) describes building height.

    <p>False</p> Signup and view all the answers

    The FAR is calculated by dividing the gross floor area of a building by the total area of the lot.

    <p>True</p> Signup and view all the answers

    The same FAR can describe a building that covers the entire lot, just half the lot, or just one-quarter of the lot.

    <p>True</p> Signup and view all the answers

    FAR includes all structures that will be inhabited, plus any parking areas or structures.

    <p>False</p> Signup and view all the answers

    What's the purpose of bulk zoning regulations?

    <p>To restrict the density of buildings in an area through building design requirements.</p> Signup and view all the answers

    What rule specifies how tall a building can be in bulk requirements?

    <p>Maximum building height</p> Signup and view all the answers

    What rule specifies the distance required between a building and its lot's street-facing edge?

    <p>Front yard setback</p> Signup and view all the answers

    What rule specifies the distance required between a building and its lot's side property line?

    <p>Side setback</p> Signup and view all the answers

    Which rule specifies the distance required between a building and its lot's rear property line?

    <p>Rear yard setback</p> Signup and view all the answers

    What is the purpose of aesthetic zoning?

    <p>To preserve the architectural integrity and cohesive look of an area.</p> Signup and view all the answers

    What is downzoning?

    <p>The process of assigning a lower-density use zone to an area that previously allowed higher density.</p> Signup and view all the answers

    Inverse condemnation occurs when property value is diminished due to adjacent land being taken for public use.

    <p>True</p> Signup and view all the answers

    Sometimes downzoning is used to limit sprawl and overgrowth of cities.

    <p>True</p> Signup and view all the answers

    Downzoning isn't used for conservation or recreational purposes.

    <p>False</p> Signup and view all the answers

    Homeowners living in an area when downzoning occurs will usually be grandfathered in.

    <p>True</p> Signup and view all the answers

    Homeowners adjacent to a downzoned area who believe the downzoning has harmed their property value can claim inverse condemnation.

    <p>True</p> Signup and view all the answers

    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.

    <p>False</p> Signup and view all the answers

    The Freedom of Information Act is a state-specific law.

    <p>False</p> Signup and view all the answers

    The sunshine law is also known as the open meeting law.

    <p>True</p> Signup and view all the answers

    The sunshine law means that all meetings of zoning boards, planning boards, and local zoning authorities are open to the public.

    <p>True</p> Signup and view all the answers

    The records of all zoning board, planning board, and local zoning authority meetings are closed to the public.

    <p>False</p> Signup and view all the answers

    What does abutting mean?

    <p>A term meaning parcels of land that share a common border.</p> Signup and view all the answers

    What is an example of accessory apartment use?

    <p>A mother-in-law suite.</p> Signup and view all the answers

    What is an accessory use?

    <p>A use incidental to the main purpose of a property.</p> Signup and view all the answers

    What is condemnation?

    <p>The act of taking property under eminent domain.</p> Signup and view all the answers

    What is the Doctrine of Laches?

    <p>Legal loss of a right with the thought that 'if you don't use it, you lose it.'</p> Signup and view all the answers

    What is eminent domain?

    <p>The power of the government to take private property for public use.</p> Signup and view all the answers

    What is escheat?

    <p>The power of the government to claim a deceased person's estate when no will, heirs or creditors are found.</p> Signup and view all the answers

    How is family defined by law?

    <p>It can mean one or more persons living as a single housekeeping unit.</p> Signup and view all the answers

    What is a home occupation?

    <p>An owner of a small business using the owner's residential property to conduct business.</p> Signup and view all the answers

    What is a lead agency?

    <p>An organization that oversees the entire environmental impact evaluation.</p> Signup and view all the answers

    What does police power refer to?

    <p>Governmental authority to provide for the health, safety and welfare of its citizens.</p> Signup and view all the answers

    What are restrictive covenants?

    <p>A promise between two parties appearing on a deed that specifies what may or may not be done with the real property.</p> Signup and view all the answers

    'Taking' as defined by the courts refers to what?

    <p>A move by a governmental body that deprives a landowner of the economically viable use of the property and results in the owner not being able to obtain a reasonable return on investment.</p> Signup and view all the answers

    What is the transfer of development rights?

    <p>A program that encourages a shift in growth away from agricultural or environmentally sensitive regions to more appropriate areas.</p> Signup and view all the answers

    What is a group home?

    <p>A residential facility for five or more adults who have been institutionalized for various reasons and then released.</p> Signup and view all the answers

    What is a nonconforming use (zoning)?

    <p>When zoning is first placed in an area or an area is rezoned, any existing uses that don't comply with the zoning are grandfathered in.</p> Signup and view all the answers

    What is an example of nonconforming use zoning?

    <p>A corner grocery store suddenly finds itself in the middle of a residential neighborhood due to zoning changes.</p> Signup and view all the answers

    What is variance (zoning)?

    <p>A difference between what is expected and what actually occurs; a permitted deviation in the requirements of the zoning ordinance.</p> Signup and view all the answers

    What are the two types of variance zonings?

    <p>Area Variance and Use Variance.</p> Signup and view all the answers

    What is area variance zoning?

    <p>Permission to modify or exceed the bulk regulations imposed by local zoning ordinances.</p> Signup and view all the answers

    What is use variance zoning?

    <p>Allows the owner to use the property for a purpose that would otherwise be prohibited by the zoning in place.</p> Signup and view all the answers

    What is an example of area variance zoning?

    <p>If the owner of a lot wanted to build a home on a property that was zoned for 10,000 square foot lots, and the lot was only 9,585 square feet.</p> Signup and view all the answers

    What is an example of use variance zoning?

    <p>If the owner wishes to operate a hair salon from his basement when the zoning doesn't allow commercial operations.</p> Signup and view all the answers

    What is a variance?

    <p>Deviation from the zoning ordinance requirements due to proven hardship to the owner.</p> Signup and view all the answers

    What is a special use permit also known as?

    <p>Conditional use permit.</p> Signup and view all the answers

    What is nonconforming use?

    <p>Owner can continue to use the property as originally zoned, even if outside current zoning regulations.</p> Signup and view all the answers

    What does Use Variance allow?

    <p>Without the aid of this variance the property owner would lose the economic benefit or use of the property.</p> Signup and view all the answers

    What does Use Variance allow the owner to do?

    <p>This type of variance allows the owner to use the land for a purpose that would otherwise be prohibited by the zoning in place.</p> Signup and view all the answers

    What is area variance?

    <p>This type of variance allows the owner to have an exception to the physical or dimensional requirements of the current zoning.</p> Signup and view all the answers

    A special use permit requires a public hearing.

    <p>True</p> Signup and view all the answers

    To obtain a special use permit, a property owner must demonstrate hardship due to the current zoning restrictions.

    <p>False</p> Signup and view all the answers

    A special use permit is also known as a use variance.

    <p>False</p> Signup and view all the answers

    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.

    <p>True</p> Signup and view all the answers

    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?

    <p>Special use permit</p> Signup and view all the answers

    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?

    <p>Variance</p> Signup and view all the answers

    What is required for the property owner to show when claiming that the hardship is not self-inflicted?

    <p>Variance</p> Signup and view all the answers

    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?

    <p>Special use permit</p> Signup and view all the answers

    What purpose does bulk zoning serve?

    <p>It restricts building density.</p> Signup and view all the answers

    What's one of the ways that bulk zoning achieves its objectives?

    <p>Setbacks.</p> Signup and view all the answers

    What's the biggest difference between an area variance and a use variance?

    <p>A use variance prevents economic loss of the property. An area variance need not show potential economic loss.</p> Signup and view all the answers

    What is one reason a town may lower the density of zoning in an area?

    <p>To limit overgrowth.</p> Signup and view all the answers

    If downzoning occurs in one area, reducing property values in adjacent areas, what can homeowners in those adjacent areas do?

    <p>File a claim for inverse condemnation.</p> Signup and view all the answers

    Study Notes

    Public Land Use Controls and Zoning Classifications

    • Agriculture Zoning: Land designated specifically for farming, animal grazing, and crop cultivation.

    • Open Space Zoning: Refers to undeveloped land that can include pathways, vacant city lots, and large tracts of unbuilt land.

    • Parklands Zoning: Public recreational areas managed by local and state governments.

    • Recreation Areas Zoning: Includes diverse areas such as parks, shorelines, fishing spots, trails, and access to waterways.

    • Institutional Zoning: Areas reserved for facilities like hospitals, educational institutions, jails, and public schools.

    • Vacant Land: Property that has never been developed or has reverted to its natural state after previous development.

    • Incentive Zoning: Allows construction types that are otherwise prohibited if the developer offers benefits to the municipality.

    • 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.

    • Bulk Zoning Regulations: Designed to control building density through specific design and height requirements.

    • Bulk Requirements: These rules dictate maximum building height, front yard set back, side setbacks, and rear yard setbacks based on zoning ordinances.

    • Aesthetic Zoning: Aims to maintain the architectural character and visual harmony of a neighborhood.

    • Downzoning: The act of reclassifying an area from a higher-density zone to a lower-density use, often to control urban sprawl.

    • Inverse Condemnation: Occurs when property values decrease due to nearby land being appropriated for public use, allowing affected homeowners to seek claims.

    • Grandfathering: Existing uses that predate new zoning laws are allowed to continue, providing protection for current homeowners.

    • Freedom of Information Act: A federal law that requires public accessibility to government records, counter to being a state-specific law.

    • Sunshine Law: Also known as the open meeting law; mandates public access to meetings of local governing bodies.

    • Abutting: Describes parcels of land sharing a common boundary.

    • Accessory Apartment Use: Refers to additional living spaces, such as mother-in-law suites, that are secondary to the main residence.

    • Eminent Domain: The government’s power to take private property for public needs.

    • Doctrine of Laches: Legal principle indicating loss of a right viewed as forfeited if not timely exercised.

    • Escheat: Government’s right to claim an estate with no heirs or will upon someone's death.

    • Home Occupation: Running a business from a residential property.

    • Lead Agency: The organization responsible for overseeing environmental impact reviews.

    • Police Power: Government authority to enact laws for the health, safety, and welfare of citizens.

    • Restrictive Covenants: Legal promises concerning how property may be used or developed, stated in a deed.

    • "Taking" by Government: Refers to actions depriving landowners of all viable property use, impacting financial returns.

    • Transfer of Development Rights: Program facilitating development in suitable areas while protecting agriculture or sensitive environments.

    • Group Home: A facility housing five or more adults released from institutional care.

    • Nonconforming Use: Existing properties that do not comply with new zoning laws are allowed to continue under previous usage rights.

    • Variance (Zoning): Permission to deviate from zoning ordinances due to demonstrated owner hardship.

    • Special Use Permit: Allows for uses not generally permitted in a zoning district, granted under specific conditions.

    • Area vs. Use Variance: An area variance modifies zoning bulk regulations; a use variance permits uses otherwise not allowed by zoning.

    • Setbacks: Required distances from a property line to regulate building density and spacing.

    • Economic Hardship: A necessary justification for obtaining a variance, demonstrating that existing zoning restrictions severely affect usability or value.

    • Public Hearings Requirement: Special use permits typically require public hearings to assess benefit to the community.

    • Adjacent Property Claims: Homeowners in areas affected by downzoning may seek compensation through inverse condemnation claims.

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    Explore important zoning classifications related to public land use through this quiz. Test your knowledge on terms such as agriculture zoning, open space zoning, and parklands zoning. Perfect for students of urban planning or environmental studies.

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