Land Use & Zoning Flashcards
6 cards from real CPP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Land Use & Zoning flashcards as text
Under the U.S. Constitution's Takings Clause, when does a land use regulation constitute a compensable regulatory taking?
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.
What is a 'Planned Unit Development' (PUD)?
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.
What does a 'development exaction' or 'impact fee' represent in the permitting context?
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.
Which of the following best describes 'form-based zoning'?
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.
What is the purpose of a 'Transfer of Development Rights' (TDR) program?
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).
Under the Americans with Disabilities Act (ADA), which aspect of land use permits must municipalities ensure for new construction?
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.