CPP CPP Zoning & Land Use Regulations 2 — Questions and Answers
Question 1: What is a 'takings' claim under the Fifth Amendment as it applies to land use regulations?
- A legal claim that a regulation has taken private property without just compensation (Correct answer)
- A government action to acquire land through eminent domain
- A zoning appeal filed by a neighboring property owner
- A permit fee dispute with a local government
Correct answer: A legal claim that a regulation has taken private property without just compensation
A regulatory taking occurs when a government regulation deprives a property owner of all or most economic value of their land without physically taking it, which may require just compensation under the Fifth Amendment.
Question 2: What is the purpose of a 'general plan' or 'comprehensive plan' in land use planning?
- To serve as a long-range policy guide for land use decisions and development within a jurisdiction (Correct answer)
- To establish building codes for new construction
- To set utility rates for a municipality
- To identify locations for superfund cleanup
Correct answer: To serve as a long-range policy guide for land use decisions and development within a jurisdiction
A comprehensive plan is a policy document guiding long-term development, setting goals and policies for land use, transportation, housing, and public facilities that zoning and other regulations must be consistent with.
Question 3: What is 'spot zoning' and why is it generally disfavored?
- Rezoning a single parcel inconsistently with surrounding zoning for private benefit rather than public interest (Correct answer)
- Zoning based on property size rather than use type
- Agricultural zoning near urban areas
- A special zone for transit stations
Correct answer: Rezoning a single parcel inconsistently with surrounding zoning for private benefit rather than public interest
Spot zoning singles out a small parcel for different treatment without a rational basis in the comprehensive plan, and is often found illegal because it serves private interests rather than the public good.
Question 4: What is a 'Planned Unit Development' (PUD) in land use permitting?
- A flexible zoning approach that allows mixed uses and customized development standards on a site-specific basis (Correct answer)
- A federal affordable housing program
- A public works project approved by city council
- An environmental impact mitigation plan
Correct answer: A flexible zoning approach that allows mixed uses and customized development standards on a site-specific basis
A PUD allows developers to negotiate site-specific standards with a jurisdiction, enabling creative land planning that may not conform to standard zoning rules in exchange for providing public benefits.
Question 5: In the US, what does 'inclusionary zoning' require of residential developers?
- A percentage of units be made affordable to lower-income households (Correct answer)
- All units to meet universal design accessibility standards
- Developments to include mixed commercial uses
- Parking minimums for every residential unit
Correct answer: A percentage of units be made affordable to lower-income households
Inclusionary zoning policies require private developers to set aside a percentage of housing units as affordable to low- or moderate-income households as a condition of development approval.
Question 6: What is the 'highest and best use' concept in land use and permitting?
- The legally permissible, physically possible, financially feasible, and maximally productive use of a property (Correct answer)
- The use that generates the most tax revenue for a municipality
- The environmentally preferred use of a property
- The use historically established on a parcel
Correct answer: The legally permissible, physically possible, financially feasible, and maximally productive use of a property
Highest and best use analysis evaluates what use of a property is legal, physically feasible, financially justified, and maximally productive, often used in appraisals and land use planning decisions.
CPP CPP Zoning & Land Use Regulations 2
What is a 'takings' claim under the Fifth Amendment as it applies to land use regulations?