Land Use Law and Regulations Flashcards
7 cards from real AICP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Land Use Law and Regulations flashcards as text
The landmark Supreme Court case that upheld the constitutionality of municipal zoning as a valid exercise of police power was:
Answer: Village of Euclid v. Ambler Realty Co.
Village of Euclid v. Ambler Realty Co. (1926) established that zoning ordinances are constitutional exercises of police power, forming the legal foundation for modern Euclidean zoning.
Under the Fifth Amendment's Takings Clause, a regulatory taking is most clearly established when a regulation:
Answer: Denies the owner all economically beneficial use of the land
A per se regulatory taking occurs when a regulation deprives a property owner of all economically beneficial use, as established in Lucas v. South Carolina Coastal Council (1992).
A zoning variance is best defined as:
Answer: An authorization allowing deviation from zoning requirements due to unique hardship
A variance grants relief from strict zoning requirements when a property's unique characteristics create an undue hardship not shared by other properties in the district.
Spot zoning is generally considered illegal because it:
Answer: Singles out a parcel for inconsistent treatment that benefits only its owner without justification
Spot zoning is illegal when it arbitrarily singles out a small parcel for treatment inconsistent with the comprehensive plan and the surrounding zoning, benefiting only the landowner.
A legal nonconforming use is one that:
Answer: Lawfully existed before current zoning restrictions and is allowed to continue
A legal nonconforming use predates the adoption or amendment of a zoning ordinance and is allowed to continue as a vested right, though most jurisdictions restrict its expansion.
Subdivision regulations primarily govern:
Answer: The division of land into lots and the installation of required public improvements
Subdivision regulations control how land is divided into lots and require developers to install infrastructure such as streets, drainage, and utilities before lots are sold.
In land use law, an exaction refers to:
Answer: A condition placed on development approval requiring dedication of land or payment of fees for public improvements
Exactions are conditions on development approvals that require developers to provide public infrastructure or pay impact fees, subject to the nexus and proportionality tests from Nollan and Dolan.