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NYRE Land Use Regula

NY Real Estate Land Use and Regulations - Chapter 6

TermDefinition
abutting Parcels of land next to each other that share a common border.
accessory apartment uses A 2nd residental unit that may be contained within an existing single-family home, garage or carriage house. Usually required to be complete unit that functions independently with separate access and untilities.
accessory uses Use of land that is subordinate, incidental to and in connection with the principal use allowed on a lot by the zoning law. For example a garage is incidental to the principalnuse of a lot as a single-family residence on the parcel.
air rights Rights in real property to use the space above the surface of the land.
building code Regulations established by state or local governments stating fully the structural and egress requirements for buildings.
building permit Written governmental permission for the contaruction, renovation, or substantial repair of a building.
census tract Small, relatively prermanent statistical subdivisions of a country or equivalent entity that are updated by local participants prior to each decennial census. The purpose of the census tracts is to provide a set of geographic units for statistical data.
Certificate of Occupancy / CO A document issued by a governmental authority that a building is ready and fit for occupancy.
condemnation Taking private property for public use, with fair compensation to the owner; exercising the right of eminent domain.
cul-de-sac A blind alley: a street with only one outlet.
deed restrictions A imposed restriction in a deed for the purpose of limiting the use of the land: Ex: restriction against sale of liquor or size, type, value or placement of improvements that may be erected thereon.
demography The statistical study of human populations.
Doctrine of Laches Failure to do something at the proper time, especially such delay as will bar a party from bringing a legal proceeding.
easement A right that may be exercised by the public or individuals on, over or through the lands of others.
emininent domain A right of the government to acquire property for necessary public use by condemnation; the owner must be fairly compensated.
escheat Common law doctrine that transfers the real property of a person who has died without a will, heirs or has abandon it to the state.
family, defined A group consisting of parents and children living together in a household. Also, unrelated, such as friends or distant relatives living togehter 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 minors, elderly or mentally ill.
home occupations A business conducted in a residential dewelling unity that is incidental and subordinate to the primary residential use.
infrastructure Basic physical and organizational structures needed for the operation of a society or city (e.g. buildings, roads, power supplies)
lead agency The governmental agency that oversees the environmental impact process and makes final decisions. A "lead agency" is the public agency that has the principal responsibility for carrying out or approving a project.
master plan A master plan is a comprehensive plan to guide the long-term physical development of a particular area. Zoning increases the marketability of the property. An may require approval by other public agencies.
moratorium A temporary prohibitition of an activity
New York State Office of Parks Recreation and Historic Preservation (OPRHP) Oversees public recreational areas and administators federal and state preservation programs authorized by federal and state law.
non-conforming use Utilization of a use that does not comply with local zoning for a particular parcel.
police power The right of any political body to enact laws and enforce them, for the order, safety, health, morals and general walfare of the public.
restrictive covenant Any type of agreement that requires the buyer to either take or abstain from a specific action. In real estate transactions, restrictive covenants are binding legal obligations written into the deed of a property by the seller.
right-of-way The right to pass over another's land pursuant to an easement or license.
setbacks The distance from the curb or other established line, within which no buildings may be erected.
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.
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.
survey The process by which a parcel of land is measured and its area ascertained; also blueprint showing the measurements, boundaries and area.
"taking", defined by courts The act of a government body obtaining a property under its power of eminent domain.
topography The arrangement of the natural and artificial physical features of an area.
Transfer of Development Rights The purchase or use of air rights from adjoining or nearby properties.
variance The authorization to improve or develop a particular property in a manner not authorized by zoning.
Variance ( Area Variance) Permission to modify or exceed the bulk regulations imposed by local zoning ordinances.
Variance (Use Variance) Permission to use or develop land other than that permitted by local zoning ordinances.
zoning ordinance Act of city or country of other authorities specifying type and use to which property may be put in specific areas.
Created by: Dana07
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