CPP Land Use & Zoning 2 — Questions and Answers
Question 1: Under the U.S. Constitution's Takings Clause, when does a land use regulation constitute a compensable regulatory taking?
- When it denies the owner all economically beneficial use of the land (per Lucas v. South Carolina Coastal Council) or fails the Penn Central balancing test (Correct answer)
- Whenever a regulation reduces property value by any amount
- Only when the government physically occupies the property
- When a regulation is challenged in court
Correct answer: When it denies the owner all economically beneficial use of the land (per Lucas v. South Carolina Coastal Council) or fails the Penn Central balancing test
Penn Central and Lucas establish the two main takings tests: a per se taking occurs when all value is destroyed; otherwise, courts balance economic impact, investment-backed expectations, and character of government action.
Question 2: What is a 'Planned Unit Development' (PUD)?
- A flexible zoning approach that allows mixing of land uses and custom development standards for a specific project area (Correct answer)
- A zoning district limited to single-family residential use only
- A federal program for public housing development
- A state-mandated affordable housing designation
Correct answer: A flexible zoning approach that allows mixing of land uses and custom development standards for a specific project area
A PUD is a negotiated zoning approach that trades flexibility in dimensional and use standards for comprehensive site planning, often allowing mixed-use development.
Question 3: What does a 'development exaction' or 'impact fee' represent in the permitting context?
- A fee or dedication of land required of developers to offset the public infrastructure costs generated by new development (Correct answer)
- A penalty for violating permit conditions
- A tax levied on construction materials
- A fee paid to neighboring property owners for impacts
Correct answer: A fee or dedication of land required of developers to offset the public infrastructure costs generated by new development
Impact fees and dedications are authorized in most states as a condition of development approval, provided they are roughly proportional to the project's infrastructure impacts.
Question 4: Which of the following best describes 'form-based zoning'?
- Zoning that regulates the physical form and appearance of buildings and streetscapes rather than land use categories (Correct answer)
- Zoning that requires all buildings to conform to a uniform design template
- Zoning based on parcel size and shape
- A federal approach to coastal zone management
Correct answer: Zoning that regulates the physical form and appearance of buildings and streetscapes rather than land use categories
Form-based codes focus on building placement, massing, and streetscape design to create desired physical environments, allowing a mix of uses within a defined form.
Question 5: What is the purpose of a 'Transfer of Development Rights' (TDR) program?
- To allow development potential to be moved from a preserved 'sending area' to a designated 'receiving area' where growth is encouraged (Correct answer)
- To transfer a permit from one property owner to another
- To allow a developer to build taller buildings in exchange for park dedication
- To transfer environmental mitigation credits between projects
Correct answer: To allow development potential to be moved from a preserved 'sending area' to a designated 'receiving area' where growth is encouraged
TDR programs protect farmland, open space, or historic areas (sending zones) by redirecting unused development potential to growth areas (receiving zones).
Question 6: Under the Americans with Disabilities Act (ADA), which aspect of land use permits must municipalities ensure for new construction?
- That new buildings and public facilities meet accessibility standards including accessible routes, parking, and entrances (Correct answer)
- That all properties be rezoned to accommodate disability services
- That all permit fees be waived for disabled applicants
- That private homes include accessibility features
Correct answer: That new buildings and public facilities meet accessibility standards including accessible routes, parking, and entrances
The ADA requires that newly constructed and altered public facilities comply with accessibility standards, and municipalities must ensure permit approvals reflect these requirements.
CPP Land Use & Zoning 2
Under the U.S.
Constitution's Takings Clause, when does a land use regulation constitute a compensable regulatory taking?