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
Which federal statute requires recipients of federal funding to take affirmative steps to 'affirmatively further fair housing' (AFFH) in their land use programs?
Answer: The Fair Housing Act of 1968
The Fair Housing Act requires jurisdictions receiving HUD funding to affirmatively further fair housing by examining and addressing barriers to housing choice.
A city denies a rezoning petition and the applicant argues the denial was arbitrary. Under what standard of review will a court typically evaluate the legislative decision to deny a rezoning?
Answer: Rational basis
Legislative land use decisions like rezonings are reviewed under the deferential rational basis standard—the action must be rationally related to a legitimate government interest.
What is a 'floating zone' in land use planning?
Answer: A zoning classification that exists in the ordinance but is not mapped until a qualifying project applies
A floating zone is established in the zoning ordinance with set standards but is not mapped onto any land until a landowner applies and meets the requirements.
Under the Americans with Disabilities Act (ADA), a local zoning ordinance that prohibits group homes for people with disabilities in residential zones is most likely:
Answer: A violation of the Fair Housing Act's reasonable accommodation requirement
The Fair Housing Act (and ADA) require municipalities to make reasonable accommodations in zoning rules to allow people with disabilities equal housing opportunities.
A planning commission approves a site plan with a condition requiring the developer to build off-site road improvements. The developer challenges the condition. Under Dolan v. City of Tigard, the city must demonstrate:
Answer: Rough proportionality between the required dedication and the development's projected traffic impacts
Dolan requires the government to make an individualized determination that the required exaction is roughly proportional in nature and extent to the development's impact.
Which legal doctrine prevents a local government from applying new, more restrictive zoning regulations to eliminate an existing use that was lawful when established?
Answer: Nonconforming use protection
Nonconforming use protections allow lawfully established uses to continue operating even after zoning changes render them noncompliant, though most ordinances limit their expansion.
A state legislature passes a law that strips local governments of the authority to regulate the siting of wireless telecommunications facilities based on environmental effects of radio frequency emissions. This law is an example of:
Answer: Federal preemption under the Telecommunications Act of 1996
The Telecommunications Act of 1996 expressly preempts local zoning decisions based on RF emission concerns, provided the facility meets FCC standards.