Land Use Planning & Zoning Flashcards
7 cards from real CPL 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 Planning & Zoning flashcards as text
A 'conditional use permit' (CUP) in land use planning is best described as:
Answer: Permission granted when a use is not listed in the zoning ordinance but meets specific criteria after review
A CUP allows uses that may be compatible with a zone under certain conditions, subject to public review and approval by a planning commission or board.
The legal doctrine that prohibits a local government from using zoning to effectively prevent all economically viable use of a property is known as:
Answer: Regulatory taking
A regulatory taking occurs when a government regulation goes so far as to deprive a landowner of all economically beneficial use, requiring compensation under the Fifth Amendment.
Which federal law requires federal agencies to prepare environmental impact statements for major federal actions that significantly affect the quality of the human environment, including certain land use decisions?
Answer: National Environmental Policy Act (NEPA)
NEPA mandates environmental review, including EIS preparation, for major federal actions, which can include federal land leasing and permitting decisions affecting oil and gas development.
A municipality enacts a zoning ordinance that singles out one specific parcel for a restrictive classification inconsistent with surrounding parcels. This practice is called:
Answer: Spot zoning
Spot zoning applies a zoning classification to a single parcel that differs from surrounding land without a rational basis, which courts often find invalid.
In a Planned Unit Development (PUD), land use regulations typically:
Answer: Allow flexible mixing of uses and densities in exchange for public benefits or design standards
PUDs allow developers and municipalities to negotiate a customized mix of uses, densities, and design standards, offering flexibility not available under conventional zoning.
When an operator seeks to place a natural gas processing facility in an area zoned 'Heavy Industrial,' the landman should first:
Answer: Review the zoning ordinance to confirm the specific use is listed as permitted or conditional
Even in heavy industrial zones, specific uses may require conditional use permits or may be prohibited, so the landman must review the ordinance's use table carefully.
The 'police power' as it relates to zoning refers to:
Answer: A government's inherent authority to regulate land use to protect public health, safety, and welfare
The police power is the constitutional authority of state and local governments to enact regulations—including zoning—that promote public health, safety, and general welfare.