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NYRE Land Use Regula
NY Real Estate Land Use and Regulations - Chapter 6
| Term | Definition |
|---|---|
| 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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