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Variance (land Use)
A variance is a deviation from the set of rules a municipality applies to land use and land development, typically a zoning ordinance, building code or municipal code. The manner in which variances are employed can differ greatly depending on the municipality. A variance may also be known as a standards variance, referring to the ''development standards'' contained in code. A variance is often granted by a Board or Committee of adjustment. Description A variance is an administrative exception to land use regulations. The use and application of variances can differ considerably throughout the great number of municipalities worldwide that regulate land use on this model. The issuance of variances may be very common, or nearly unheard-of in a given municipality. This can depend on a municipality's regulations, built environment and development pattern, and even political climate. One city may view variances as a routine matter, while another city may see variances as highly unusual ...
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Land Development
Land development is the alteration of landscape in any number of ways such as: * Changing landforms from a natural or semi-natural state for a purpose such as agriculture or housing * Subdividing real estate into lots, typically for the purpose of building homes * Real estate development or changing its purpose, for example by converting an unused factory complex into a condominium. Economic aspects In an economic context, land development is also sometimes advertised as land improvement or land amelioration. It refers to investment making land more usable by humans. For accounting purposes it refers to any variety of projects that increase the value of the process . Most are depreciable, but some land improvements are not able to be depreciated because a useful life cannot be determined. Home building and containment are two of the most common and the oldest types of development. In an urban context, land development furthermore includes: * Road construction ** Access roads ...
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Special-use Permit
A special-use permit authorizes land uses that are allowed and encouraged by the ordinance and declared harmonious with the applicable zoning district. Purpose Land use is governed by a set of regulations generally known as ordinances or municipal codes, which are authorized by the state's zoning enabling law. Within an ordinance is a list of land use designations commonly known as zoning. Each different type of zone has its own set of allowed uses. These are known as by-right uses. Then there is an extra set of uses known as special uses. To build a use that is listed as a special use, a special-use permit (or '' conditional-use permit'') must be obtained. An example of a ''special-use permit'' may be found in a church applying for one to construct a church building in a residential neighborhood. Although the church building is not a residential building, the zoning law may allow for churches in the residential neighborhood if the local zoning authority may review the impac ...
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Nonconforming Use
Nonconforming use in urban planning is a type of zoning variance where a parcel of land may be given an exception from current zoning ordinances due to improvements made by a prior owner or before the current zoning ordinances made the desired use non-conforming under local law. Secondary suites are commonly permitted as a non-conforming use in the zoning district they are located in because the suite was developed prior to the zoning ordinance coming into effect. Discontinuance Intent The landowner may explicitly intend to discontinue the use by agreeing to end the use. Implied intent exists if the landowner fails to exercise the nonconforming use. If the landowner discontinues the nonconforming use after a specified period, commonly 21 years in many jurisdictions but shorter in many others, then the nonconforming use will be terminated and parcel will become subject to the zoning requirements of the area in which it is located. Such a discontinuance of the use implies the inten ...
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Special Use Permit
A special-use permit authorizes land uses that are allowed and encouraged by the ordinance and declared harmonious with the applicable zoning district. Purpose Land use is governed by a set of regulations generally known as ordinances or municipal codes, which are authorized by the state's zoning enabling law. Within an ordinance is a list of land use designations commonly known as zoning. Each different type of zone has its own set of allowed uses. These are known as by-right uses. Then there is an extra set of uses known as special uses. To build a use that is listed as a special use, a special-use permit (or '' conditional-use permit'') must be obtained. An example of a ''special-use permit'' may be found in a church applying for one to construct a church building in a residential neighborhood. Although the church building is not a residential building, the zoning law may allow for churches in the residential neighborhood if the local zoning authority may review the impac ...
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Zoning In The United States (land Use)
Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a single use (e.g. residential, industrial), they may combine several compatible activities by use, or in the case of form-based zoning, the differing regulations may govern the density, size and shape of allowed buildings whatever their use. The planning rules for each zone determine whether planning permission for a given development may be granted. Zoning may specify a variety of outright and conditional uses of land. It may indicate the size and dimensions of lots that land may be subdivided into, or the form and scale of buildings. These guidelines are set in order to guide urban growth and development. Zoning is the most common regulatory urban planning method used by local governments in developed countries. Exceptions include the Un ...
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Spot Zoning
Spot zoning is the application of zoning to a specific parcel or parcels of land within a larger zoned area when the rezoning is usually at odds with a city's master plan and current zoning restrictions. Spot zoning may be ruled invalid as an "arbitrary, capricious and unreasonable treatment" of a limited parcel of land by a local zoning ordinance.Eves v. Zoning Board While zoning regulates the land use in whole districts, spot zoning makes unjustified exceptions for a parcel or parcels within a district. The small size of the parcel is not the sole defining characteristic of a spot zone. Rather, the defining characteristic is the narrowness and unjustified nature of the benefit to the particular property owner, to the detriment of a general land use plan or public goals. The rezoning may provide unjustified special treatment that benefits a particular owner, while undermining the pre-existing rights and uses of adjacent property owners. This would be called an instance of spot zon ...
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Zoning
Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a single use (e.g. residential, industrial), they may combine several compatible activities by use, or in the case of form-based zoning, the differing regulations may govern the density, size and shape of allowed buildings whatever their use. The planning rules for each zone determine whether planning permission for a given development may be granted. Zoning may specify a variety of outright and conditional uses of land. It may indicate the size and dimensions of lots that land may be subdivided into, or the form and scale of buildings. These guidelines are set in order to guide urban growth and development. Zoning is the most common regulatory urban planning method used by local governments in developed countries. Exceptions include the Un ...
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Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ...
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Spot Zoning
Spot zoning is the application of zoning to a specific parcel or parcels of land within a larger zoned area when the rezoning is usually at odds with a city's master plan and current zoning restrictions. Spot zoning may be ruled invalid as an "arbitrary, capricious and unreasonable treatment" of a limited parcel of land by a local zoning ordinance.Eves v. Zoning Board While zoning regulates the land use in whole districts, spot zoning makes unjustified exceptions for a parcel or parcels within a district. The small size of the parcel is not the sole defining characteristic of a spot zone. Rather, the defining characteristic is the narrowness and unjustified nature of the benefit to the particular property owner, to the detriment of a general land use plan or public goals. The rezoning may provide unjustified special treatment that benefits a particular owner, while undermining the pre-existing rights and uses of adjacent property owners. This would be called an instance of spot zon ...
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Grade (slope)
The grade (also called slope, incline, gradient, mainfall, pitch or rise) of a physical feature, landform or constructed line refers to the tangent of the angle of that surface to the horizontal. It is a special case of the slope, where zero indicates horizontality. A larger number indicates higher or steeper degree of "tilt". Often slope is calculated as a ratio of "rise" to "run", or as a fraction ("rise over run") in which ''run'' is the horizontal distance (not the distance along the slope) and ''rise'' is the vertical distance. Slopes of existing physical features such as canyons and hillsides, stream and river banks and beds are often described as grades, but typically grades are used for human-made surfaces such as roads, landscape grading, roof pitches, railroads, aqueducts, and pedestrian or bicycle routes. The grade may refer to the longitudinal slope or the perpendicular cross slope. Nomenclature There are several ways to express slope: # as an ''angle'' of incl ...
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Zoning
Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a single use (e.g. residential, industrial), they may combine several compatible activities by use, or in the case of form-based zoning, the differing regulations may govern the density, size and shape of allowed buildings whatever their use. The planning rules for each zone determine whether planning permission for a given development may be granted. Zoning may specify a variety of outright and conditional uses of land. It may indicate the size and dimensions of lots that land may be subdivided into, or the form and scale of buildings. These guidelines are set in order to guide urban growth and development. Zoning is the most common regulatory urban planning method used by local governments in developed countries. Exceptions include the Un ...
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Setback (land Use)
In land use, a setback is the minimum distance which a building or other structure must be set back from a street or road, a river or other stream, a shore or flood plain, or any other place which is deemed to need protection. Depending on the jurisdiction, other things like fences, landscaping, septic tanks, and various potential hazards or nuisances might be regulated and prohibited by setback lines. Setbacks along state, provincial, or federal highways may also be set in the laws of the state or province, or the federal government. Local governments create setbacks through ordinances, zoning restrictions, and Building Codes, usually for reasons of public policy such as safety, privacy, and environmental protection. Neighborhood developers may create setback lines (usually defined in Covenants & Restrictions, and set forth in official neighborhood maps) to ensure uniform appearance in the neighborhood and prevent houses from crowding adjacent structures or streets. In some cases, ...
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