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Zoning (Subscribe) Terms, definitions, and concepts related to zoning, zoning laws and ordinances, and zoning enforcement.

Land Terms

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Recreational zoning

A zoning classification or type of zoning district that permits urban or suburban land use that facilitates leisure activities such as golf courses, parks, greenways, and urban trails.

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Regulatory taking

The idea that government land use restrictions or controls, such as zoning ordinances, constitute a type of private property taking. For example, if local zoning ordinances restrict residences to one per acre but a landowner wishes to subdivide his lot into four, build houses on each and sell them, he must be offered just compensation if he is not allowed to do so.

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Residential zoning

A zoning classification or type of zoning district that allows single or multiple family dwellings such as houses, condominiums, apartments, mobile homes, and townhomes.

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Rezoning

A permanent change in zoning laws from one permitted land use type (zoning district) to another. For example, a residential zone might be reclassified as industrial or commercial, based on changing community dynamics or needs.

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Setback

Zoning restrictions on the amount of bare land required surrounding improvements; the amount of space required between the lot line and the building line.

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Special zoning

Zoning policies allowing land uses and activities not covered under other zoning classifications. Examples include detention centers and prisons, government buildings, sewer treatment facilities, cemetaries, churches, and landfills. Special zoning is often allowed through special-use permits, also known as conditional-use permits.

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Spot zoning

1. A permanent change in or exemption from zoning regulations for an individual property. 2. A zoning variance for a single or individual parcel of land.

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Strip zoning

Permanent change in or exemption from existing zoning regulations for adjacent parcels of property. Strip zoning is often achieved through zoning variances, conditional-use permits, or amendments to zoning district maps. For example, a row of houses in a residential zoning district along a road that has become a busy thoroughfare might be rezoned as commercial.

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Subdivider

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One who divides, separates, or apportions something into smaller parts, especially with respect to subdivision of real estate.

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Subdivision

1. The process of buying undeveloped land, dividing it into smaller, usable lots, and selling the lots to potential users or investors. 2. Land that has been divided by the owner (subdivider) into individual parcels or lots which have been grouped into blocks. These lots, together with streets, alleys, parks, schools, planned commercial areas, and public utility easements, are recorded on a plat. Subdivision is subject to local and state regulations, and in most areas a lengthy application process and filing fee is required.

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Subdivision law - Arizona

In Arizona, subdivision is defined as the act of dividing a parcel of land into six (6) or more parcels of equal or unequal size, any one or more of which is less than thirty-six (36) acres and offered for sale or lease. A disclosure law, the purpose of which is to protect the public from fraud through full and accurate disclosure, governs subdivision of land in Arizona. After state approval of the subdivision application, the subdivider must pay travel and related costs for an inspection of the site by the Arizona Department of Real Estate (ADRE). In addition, if the proposed subdivision is within an Active Management Area (AMA) as defined by the Arizona Department of Water Resources (ADWR), the subdivider or developer is "required to demonstrate an assured water supply that will be physically, legally, and continuously available for the next 100 years before the developer can record plats or sell parcels". Demonstration of an assured water supply is required before ADRE will issue a public report, allowing the developer to sell lots in the subdivision. This is known as the Assured Water Supply Program. In locations outside of AMA's, the Adequate Water Supply Program requires that a developer or subdivider may still sell lots in a subdivision even if the 100-year water supply is determined to be inadequate, as long as this fact is dislosed to potential buyers in the public report and in all promotional materials. Both water supply programs are overseen by ADWR's Office of Assured and Adequate Water Supply.

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Survey

The process by which boundaries are measured and the locations or forms of land areas are determined; the on-site measurement of lot lines, dimensions, and position of structures on a lot including the determination of any existing encroachments or easements.

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Taking

The acquisition of private property for public use by state, federal, or municipal governments. The concept of taking originates in the takings clause of the Fifth Amendment to the U.S. Constitution, which states that when property is taken through the government or court actions of eminent domain and condemnation, the owner must receive just compensation.

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Takings clause

A phrase in the Fifth Amendment to the United States Constitution, which states in part, "...nor shall private property be taken for public use, without just compensation".

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Variance

An exemption from existing zoning ordinances, allowing land use, structures, or other development that is currently not permitted within that zoning district.

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Zone

A geographic area within which certain types of land use are legally permitted. The most common zones (also known as zoning districts) are residential, industrial, agricultural, commercial, and recreational.

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Zoning

The regulation of land use and development within certain areas or districts, known as zones. Zoning restricts property rights and land use to specific allowable activities, types of structure permitted, building heights, setbacks, and density. Zoning is an example of government police power under the allodial system of title.

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Zoning category

Types of permitted land use within a designated area. The most common zoning categories are residential, industrial, agricultural, commercial, recreational, and other (also known as special or conditional use).

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Zoning classification

Categories of permitted land use within a designated area. The most common zoning classifications are residential, industrial, agricultural, commercial, recreational, and other (also known as special or conditional use).

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Zoning district

A geographic area within which certain categories of land use are legally permitted. The most common zoning categories or classifications are residential, industrial, agricultural, commercial, recreational, and other (also known as special or conditional use).

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Zoning laws

County and municipal regulations that govern land use within designated districts, or zones. Zoning laws differ by municipality; zoning powers are granted to local governments by state legislatures through enabling acts. Generally, zoning laws regulate things such as density, open space, lot size, setbacks, building heights and styles, and natural resource protection. Zoning laws often designate allowable land uses on each specific parcel of land.

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Zoning ordinances

County and municipal laws that govern land use within designated districts, or zones. Zoning ordinances differ by municipality; zoning powers are granted to local governments by state legislatures through enabling acts. Generally, zoning ordinances regulate things such as density, open space, lot size, setbacks, building heights and styles, and natural resource protection. Zoning ordinances often designate allowable land uses on each specific parcel of land.

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Zoning regulations

County and municipal laws that govern land use within designated districts, or zones. Zoning regulations differ by municipality; zoning powers are granted to local governments by state legislatures through enabling acts. Generally, zoning ordinances regulate things such as density, open space, lot size, setbacks, building heights and styles, and natural resource protection. Zoning regulations often designate allowable land uses on each specific parcel of land.

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Zoning variance

An exemption from existing zoning ordinances, allowing land use, structures, or other development that is currently not permitted within that zoning district.

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