AICP Land Use Law and Regulations 5

Question 1

Which federal statute requires recipients of federal funding to take affirmative steps to 'affirmatively further fair housing' (AFFH) in their land use programs?

Accepted Answer

The Fair Housing Act of 1968

Answer

The Fair Housing Act requires jurisdictions receiving HUD funding to affirmatively further fair housing by examining and addressing barriers to housing choice.

Question 2

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?

Accepted Answer

Rational basis

Answer

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.

Question 3

What is a 'floating zone' in land use planning?

Accepted Answer

A zoning classification that exists in the ordinance but is not mapped until a qualifying project applies

Answer

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.

Question 4

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:

Accepted Answer

A violation of the Fair Housing Act's reasonable accommodation requirement

Answer

The Fair Housing Act (and ADA) require municipalities to make reasonable accommodations in zoning rules to allow people with disabilities equal housing opportunities.

Question 5

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:

Accepted Answer

Rough proportionality between the required dedication and the development's projected traffic impacts

Answer

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.

AICP - American Institute of Certified Planners Practice Test

AICP - American Institute of Certified Planners Practice Test

AICP Land Use Law and Regulations 5