AICP Land Use Law and Regulations 1 — Questions and Answers
Question 1: The landmark Supreme Court case that upheld the constitutionality of municipal zoning as a valid exercise of police power was:
- Penn Central Transportation Co. v. New York City
- Village of Euclid v. Ambler Realty Co. (Correct answer)
- Nollan v. California Coastal Commission
- Kelo v. City of New London
Correct 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.
Question 2: Under the Fifth Amendment's Takings Clause, a regulatory taking is most clearly established when a regulation:
- Reduces a property's market value by more than 25 percent
- Denies the owner all economically beneficial use of the land (Correct answer)
- Requires a developer to dedicate land for a public park
- Prevents demolition of a historically designated building
Correct 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).
Question 3: A zoning variance is best defined as:
- A legislative amendment to the zoning map
- An authorization allowing deviation from zoning requirements due to unique hardship (Correct answer)
- A written contract between a municipality and developer
- A conditional use permit for sensitive land uses
Correct 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.
Question 4: Spot zoning is generally considered illegal because it:
- Applies different standards to nonconforming uses than to conforming ones
- Singles out a parcel for inconsistent treatment that benefits only its owner without justification (Correct answer)
- Permits commercial uses in residential zones without public hearings
- Applies overlay regulations to properties in more than one zoning district
Correct 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.
Question 5: A legal nonconforming use is one that:
- Was illegal when established but later permitted by variance
- Lawfully existed before current zoning restrictions and is allowed to continue (Correct answer)
- Is permitted in any district by special exception
- Requires periodic renewal of a conditional use permit
Correct 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.
Question 6: Subdivision regulations primarily govern:
- The types of uses permitted in each zoning district
- The division of land into lots and the installation of required public improvements (Correct answer)
- Height, bulk, and setback standards for new construction
- The calculation of floor area ratios in commercial zones
Correct 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.
Question 7: In land use law, an exaction refers to:
- A court order requiring a municipality to rezone property
- A condition placed on development approval requiring dedication of land or payment of fees for public improvements (Correct answer)
- A penalty imposed for violating zoning ordinances
- An environmental mitigation measure required under NEPA
Correct 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.
AICP Land Use Law and Regulations 1
The landmark Supreme Court case that upheld the constitutionality of municipal zoning as a valid exercise of police power was: