Chapter Eight - Land Use Planning and Control

Question 1

A central goal of public land use planning is to

a. balance individual property rights with the community’s welfare.
b. develop an accord between property owners and tenants.
c. impede development by for-profit developers and construction contractors.
d. subordinate private interests to the public good.

Answer 1

a. balance individual property rights with the community’s welfare.

Question 2

The best definition of a master plan is

a. an annual review of all land use permits and zones.
b. a comprehensive analysis of existing land use patterns in a market.
c. a state or regional land use law requiring compliance on a county-by-county basis.
d. a fusion of land use laws and local land use objectives and strategies.

Answer 2

d. a fusion of land use laws and local land use objectives and strategies.

Question 3

The principal mechanism for implementing a master plan is

a. zoning.
b. referendum.
c. public elections.
d. property management.

Answer 3

a. zoning.

Question 4

Zoning, building codes, and environmental restrictions are forms of local land use control known as

a. force majeure.
b. pre-emption.
c. police power.
d. concurrency.

Answer 4

c. police power.

Question 5

If a municipality exerts its power of eminent domain against a certain property owner, what happens?

a. The owner must pay higher property taxes or give up the property.
b. The owner must cede an easement without receiving any compensation.
c. The municipality annexes the property.
d. The owner must sell the property or grant an easement to the municipality for just compensation.

Answer 5

d. The owner must sell the property or grant an easement to the municipality for just compensation

Question 6

In most jurisdictions, the master plan is managed by

a. the mayor or county superintendent.
b. the Board of Equalization.
c. the planning commission.
d. the zoning board of adjustment.

Answer 6

c. the planning commission

Question 7

Counties and municipalities have the legal right to control land use due to

a. the doctrine of appropriation.
b. delegation of authority by state-level enabling acts.
c. custom and tradition.
d. consensus of the local community through referendum.

Answer 7

b. delegation of authority by state-level enabling acts.

Question 8

To be valid, a local zoning ordinance must

a. reasonably promote community health, safety and welfare.
b. comply with federal zoning laws.
c. apply only to unique properties.
d. be published periodically in the local newspaper.

Answer 8

a. reasonably promote community health, safety and welfare.

Question 9

What is the fundamental purpose of a building permit?

a. To restrict the number of new development projects
b. To establish the basis for an inspection
c. To promote certificates of occupancy
d. To ensure that improvements comply with codes

Answer 9

d. To ensure that improvements comply with codes

Question 10

A primary objective of residential zoning is to

a. control the value ranges of homes in a neighborhood.
b. regulate density.
c. ensure that only a limited amount of commercial and industrial activity is permitted in a particular residential zone.
d. maximize intensity of usage.

Answer 10

b. regulate density.

Question 11

A non-profit organization wants to erect a much-needed daycare center in a residential zone. Given other favorable circumstances, the local authorities grant permission by allowing

a. a special exception.
b. an illegal nonconforming use.
c. a variance.
d. a license.

Answer 11

a. a special exception.

Question 12

A property that conformed with zoning ordinances when it was developed but does not conform to new ordinances is said to be

a. a special exception.
b. a variance.
c. a legal nonconforming use.
d. an anomaly.

Answer 12

c. a legal nonconforming use.

Question 13

One situation in which a zoning board might permit a variance is when

a. it would cause the property owner unreasonable hardship to bring the property into compliance with zoning ordinances.
b. the property owner is the one who brings the variance to the attention of the zoning board.
c. the variance was caused by a contractor rather than by the property owner.
d. the property is in conflict with no more than one zoning ordinance.

Answer 13

a. it would cause the property owner unreasonable hardship to bring the property into compliance with zoning ordinances.

Question 14

The approval process for development of multiple properties in an area includes submission of

a. a covenant of restriction.
b. a plat of subdivision.
c. a court order.
d. a developer’s pro forma.

Answer 14

b. a plat of subdivision.

Question 15

A county or municipal authority usually grants a certificate of occupancy for new construction only after

a. all contractors have been paid for services.
b. all work has been completed for at least thirty days.
c. the construction complies with building codes.
d. the tax assessor has valued the improvement.

Answer 15

c. the construction complies with building codes.

Question 16

In addition to government entities, organizations that may be able to condemn property under the power of eminent domain include

a. public utilities.
b. financial institutions.
c. major employers.
d. neighborhood associations.

Answer 16

a. public utilities.

Question 17

A property owner is precluded by deed restriction from developing a thirty foot boat dock. The limitation prompts the owner to sell to another party. The new owner

a. is free to build the dock since the next door neighbor built a similar dock two weeks later.
b. takes title subject to the same restriction.
c. can build the dock with special permission from the zoning board.
d. may build, since the restriction is extinguished by the sale.

Answer 17

b. takes title subject to the same restriction.

Question 18

A declaration of restriction in a planned unit development is unlike a deed restriction in that

a. it applies only to aesthetic standards of property use.
b. it attaches to rights rather than interests.
c. it cannot be terminated by a single individual.
d. it takes effect only when approved by a homeowners’ association.

Answer 18

c. it cannot be terminated by a single individual.

Question 19

A deed restriction or declaration of restriction may be enforced by means of a

a. sheriff’s warrant.
b. zoning commission order.
c. foreclosure action.
d. court injunction.

Answer 19

d. court injunction.

Question 20

A distinguishing feature of a deed condition is that

a. it gives the grantor the right to re-possess the property if the grantee violates the condition.
b. it ceases to apply if a violation is allowed to continue for a certain period of time.
c. it can be filed at any time after title has been transferred.
d. it restricts who may own the property.

Answer 20

a. it gives the grantor the right to re-possess the property if the grantee violates the condition.