Land use questions test your understanding of how governments control property development through zoning, environmental law, and the power of eminent domain.
Zoning divides a municipality into districts (residential, commercial, industrial) and regulates what can be built. Zoning is an exercise of police power, which means no compensation is paid to property owners. A zoning change that applies to a wide area is called a rezoning or amendment.
A variance allows a property owner to deviate from zoning rules due to hardship. A use variance allows a different use (harder to get). A bulk or area variance allows deviation from setback, height, or lot size requirements. A special use permit allows a specific use that the zoning code permits with conditions (e.g., a church in a residential zone).
When zoning changes, an existing use that no longer complies is called a nonconforming use (grandfathered). The property can continue its current use, but the nonconforming use generally cannot be expanded or rebuilt if destroyed.
CERCLA (Superfund) holds current and past owners liable for contamination cleanup. Lead paint disclosure is required for homes built before 1978. SEQRA (State Environmental Quality Review Act) requires environmental impact review for major development projects in NY.
1. A retail store that was legally operating when its neighborhood was rezoned residential may:
A nonconforming use that predates the zoning change is grandfathered in. However, it cannot be expanded, substantially rebuilt if destroyed, or resumed if abandoned.
2. A homeowner wants to build an addition that would be 3 feet closer to the side lot line than zoning allows. They should apply for:
An area variance is permission to deviate from dimensional requirements like setbacks, height limits, or lot coverage. A use variance permits an otherwise prohibited use, a much higher legal standard.
3. Under federal law, sellers of homes built before 1978 must:
The Residential Lead-Based Paint Hazard Reduction Act requires disclosure of known lead paint, the EPA pamphlet, and a 10-day buyer testing opportunity. No inspection or abatement is mandated by this law.
Building Code
Local regulations that set minimum construction standards for buildings to protect public health and safety.
Certificate of Occupancy
A document issued by local government certifying that a building complies with building codes and is safe for occupancy.
Nonconforming Use
A property use that was legal when established but no longer complies with current zoning regulations.
Subdivision
The division of a larger parcel of land into smaller lots for sale or development, subject to local approval.
Variance
An official exception granted by a zoning board that allows a property to deviate from zoning requirements.
Zoning
Government regulations that divide land into zones and restrict how property in each zone may be used.
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