CMO Land Use Planning & Zoning 2 — Questions and Answers
Question 1: What is the primary function of a Board of Zoning Appeals (BZA)?
- To adopt new zoning ordinances and map amendments
- To hear appeals of zoning administrator decisions and grant variances or special exceptions (Correct answer)
- To review subdivisions and site plans for consistency with the comprehensive plan
- To enforce code violations and issue citations
Correct answer: To hear appeals of zoning administrator decisions and grant variances or special exceptions
A BZA serves as a quasi-judicial body that hears appeals from administrative zoning decisions and considers requests for variances and special exceptions.
Question 2: A 'setback' requirement in a zoning ordinance specifies:
- The maximum number of units allowed per acre
- The minimum distance a structure must be located from property lines, roads, or other features (Correct answer)
- The percentage of a lot that must remain unpaved
- The maximum building height in a zoning district
Correct answer: The minimum distance a structure must be located from property lines, roads, or other features
Setbacks establish minimum distances between structures and property boundaries, roads, or water features to ensure light, air, safety, and neighborhood character.
Question 3: Eminent domain allows a government to take private property for public use. Which constitutional provision requires just compensation for such takings?
- First Amendment
- Fourth Amendment
- Fifth Amendment's Takings Clause (Correct answer)
- Fourteenth Amendment's Equal Protection Clause
Correct answer: Fifth Amendment's Takings Clause
The Fifth Amendment's Takings Clause states that private property shall not be taken for public use without just compensation.
Question 4: A Planned Unit Development (PUD) differs from conventional zoning primarily because it:
- Prohibits any residential use within commercial zones
- Allows flexible mixing of land uses and site design in exchange for overall project quality and open space (Correct answer)
- Requires state approval before any development may occur
- Applies only to properties of five acres or less
Correct answer: Allows flexible mixing of land uses and site design in exchange for overall project quality and open space
A PUD allows developers to mix uses, vary setbacks, and cluster units in exchange for providing amenities such as open space, enabling creative design not possible under standard zoning.
Question 5: An environmental impact assessment (EIA) in the land use context is used to:
- Calculate property tax assessments for new developments
- Identify, evaluate, and mitigate potential environmental effects of a proposed development or policy (Correct answer)
- Grant final zoning approval for large projects
- Determine the market value of land before rezoning
Correct answer: Identify, evaluate, and mitigate potential environmental effects of a proposed development or policy
An EIA systematically analyzes the potential environmental consequences of a project so decision-makers and the public can weigh them before approving development.
Question 6: Which of the following best describes a 'subdivision plat'?
- A detailed site plan showing building footprints and landscaping
- A formal map dividing land into lots, blocks, streets, and easements that must be reviewed and recorded (Correct answer)
- An environmental study required before commercial development
- A document listing all conditional approvals for a rezoning
Correct answer: A formal map dividing land into lots, blocks, streets, and easements that must be reviewed and recorded
A subdivision plat is a legal map that divides a larger parcel into smaller lots, defines streets and easements, and must be reviewed, approved, and recorded with the county.
Question 7: A municipality places a temporary halt on accepting or processing development applications while it updates its land use regulations. This is known as a:
- Building moratorium
- Development moratorium (Correct answer)
- Zoning freeze
- Planning injunction
Correct answer: Development moratorium
A development moratorium is a temporary pause on permit processing or approvals that allows a municipality time to study conditions and update its regulations.
CMO Land Use Planning & Zoning 2
What is the primary function of a Board of Zoning Appeals (BZA)?