Land Use Law and Regulations Flashcards

Form-based codes differ from conventional Euclidean zoning primarily because they:

Answer: Regulate the physical form of buildings and the public realm rather than primarily separating land uses

Form-based codes emphasize the physical character of buildings, frontages, and streets to create walkable, mixed-use environments rather than separating uses into segregated districts.

Under the National Environmental Policy Act (NEPA), an Environmental Impact Statement (EIS) is required when:

Answer: A federal agency proposes a major action significantly affecting the quality of the human environment

NEPA mandates that federal agencies prepare an EIS for major federal actions that may significantly affect the human environment, ensuring environmental impacts are considered in decision-making.

The Fair Housing Act of 1968 is directly relevant to planners because it:

Answer: Prohibits housing discrimination and can be used to challenge exclusionary zoning practices with discriminatory effects

The Fair Housing Act bars discrimination based on protected characteristics and has been applied to challenge zoning practices—such as exclusionary large-lot zoning—that have a disparate impact on protected groups.

Overlay zoning districts are used to:

Answer: Apply supplemental standards to a defined geographic area without eliminating the underlying base zone

Overlay zones add a second layer of standards—such as floodplain, historic, or airport hazard regulations—on top of the base zone, providing additional controls tailored to special geographic circumstances.

In land use law, vested rights protect a developer by:

Answer: Allowing completion of a project under regulations that existed when the developer substantially relied on those rules

Vested rights prevent municipalities from applying new, more restrictive zoning regulations to a developer who has made substantial expenditures and obtained permits in good-faith reliance on prior rules.

Agricultural zoning districts are primarily established to:

Answer: Preserve productive farmland by restricting non-agricultural uses and controlling subdivision density

Agricultural zoning protects farmland from premature conversion by limiting uses to agriculture and very low-density rural development, preserving the long-term viability of farming operations.

The Americans with Disabilities Act (ADA) most directly affects planners by requiring that:

Answer: Public facilities, sidewalks, and rights-of-way be physically accessible to people with disabilities

The ADA requires that public facilities, programs, and infrastructure—including sidewalks, curb cuts, parks, and government buildings—be accessible, directly shaping site design and public right-of-way standards.