CPP Land Use & Zoning 1 — Questions and Answers
Question 1: What is a 'Conditional Use Permit' (CUP) in local zoning law?
- A permit allowing a use not ordinarily permitted in a zone, subject to specific conditions (Correct answer)
- A permit automatically granted when an application is submitted
- A permit required for all new construction in a municipality
- A temporary permit valid for 30 days
Correct answer: A permit allowing a use not ordinarily permitted in a zone, subject to specific conditions
A CUP (also called a Special Use Permit) allows a use that is compatible with a zone but requires review and conditions to mitigate potential impacts.
Question 2: What is the legal concept of 'nonconforming use' in zoning?
- A lawfully established use that does not conform to current zoning regulations but is allowed to continue (Correct answer)
- Any use that violates zoning laws and is subject to immediate removal
- A use that requires a variance to continue operating
- A temporary use permitted for special events
Correct answer: A lawfully established use that does not conform to current zoning regulations but is allowed to continue
Nonconforming uses predate current zoning regulations; they are generally allowed to continue but face restrictions on expansion or reconstruction.
Question 3: What is an 'area variance' (as opposed to a 'use variance') in zoning practice?
- Relief from dimensional standards like setbacks, lot coverage, or height limits (Correct answer)
- Permission to use land for a purpose not allowed in the zone
- An exception to stormwater regulations
- A variance from building code requirements
Correct answer: Relief from dimensional standards like setbacks, lot coverage, or height limits
An area variance provides relief from physical/dimensional standards without changing the permitted use, and typically requires showing practical difficulty.
Question 4: Which comprehensive planning document typically serves as the legal basis for a municipality's zoning ordinance?
- General Plan (Comprehensive Plan or Master Plan) (Correct answer)
- State Environmental Quality Review Act findings
- Capital Improvement Program
- Stormwater Management Plan
Correct answer: General Plan (Comprehensive Plan or Master Plan)
A municipality's General or Comprehensive Plan establishes land use goals and policies that must be consistent with its zoning ordinance in most states.
Question 5: What is 'Euclidean zoning' and why is it named that?
- Zoning that separates land uses into distinct districts; named after Euclid, Ohio, which defended its zoning ordinance before the U.S. Supreme Court (Correct answer)
- Zoning based on mathematical formulas for density; named after the mathematician Euclid
- A European zoning model adopted in the U.S.
- A zoning approach that allows all uses in every zone
Correct answer: Zoning that separates land uses into distinct districts; named after Euclid, Ohio, which defended its zoning ordinance before the U.S. Supreme Court
Euclidean zoning separates land uses (residential, commercial, industrial) into distinct districts and was upheld by the Supreme Court in Village of Euclid v. Ambler Realty (1926).
Question 6: What is 'spot zoning' and why is it generally disfavored?
- Rezoning a single parcel in a manner inconsistent with the surrounding area and the comprehensive plan, often for private benefit (Correct answer)
- Zoning that focuses on environmental protection in sensitive areas
- A planning technique for infill development
- A temporary zoning designation for pilot projects
Correct answer: Rezoning a single parcel in a manner inconsistent with the surrounding area and the comprehensive plan, often for private benefit
Spot zoning is legally vulnerable because it arbitrarily singles out one parcel for different treatment without a planning justification, potentially violating equal protection.
CPP Land Use & Zoning 1
What is a 'Conditional Use Permit' (CUP) in local zoning law?