Licensing & Permitting Flashcards
7 cards from real CMO practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Licensing & Permitting flashcards as text
A building permit application is incomplete when submitted. Under most municipal codes, the permit clock (review period) typically begins:
Answer: Only after the applicant submits all required documents and the application is deemed complete
Most codes start the review clock only upon a complete application to prevent time pressure from forcing approval of deficient submissions.
A contractor performs work before a required permit is issued. A municipality's typical enforcement response includes:
Answer: Issuing a stop-work order and requiring a permit and after-the-fact inspection
A stop-work order halts further unpermitted work, and an after-the-fact permit with inspection determines whether the completed work meets code.
Under Dillon's Rule, a municipality may only regulate through licensing if:
Answer: The power is expressly granted, necessarily implied, or indispensable to a stated purpose
Dillon's Rule strictly construes municipal power; licensing authority must be expressly granted by statute, clearly implied, or essential to an enumerated function.
A municipality charges a $5,000 annual fee for a food vendor's license. A court would likely invalidate this fee if it:
Answer: Exceeds the actual cost of administering the licensing program
Regulatory license fees must be reasonably related to the cost of regulation; fees that generate substantial revenue beyond administrative costs resemble taxes and require broader authority.
A special use permit (SUP) differs from a variance because an SUP:
Answer: Allows a use that the zoning ordinance contemplates as appropriate under specified conditions
An SUP allows a use the ordinance anticipates may be appropriate if conditions are met, whereas a variance provides relief from dimensional or use standards.
Which federal statute requires municipalities to make reasonable accommodations in their licensing and land-use decisions for religious institutions?
Answer: The Religious Land Use and Institutionalized Persons Act (RLUIPA)
RLUIPA prohibits land-use regulations that impose a substantial burden on religious exercise without a compelling governmental interest pursued through the least restrictive means.
A permit holder transfers ownership of a licensed business to a new owner. The new owner should:
Answer: Apply for a new or transferred license as required by the municipal code before operating
Most licensing ordinances require new owners to obtain a new or transferred license prior to operating because licenses are generally non-transferable without municipal approval.