section 8 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

Question 21

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

Answer 21

public utilities

Question 22

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

Answer 22

takes title subject to the same restriction.

Question 23

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

Answer 23

it cannot be terminated by a single individual.

Question 24

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

Answer 24

court injunction.

Question 25

A distinguishing feature of a deed condition is that

Answer 25

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

Question 26

A property owner acquired a property by means of a deed that included a deed restriction against building any kind of unattached structures on the property. The owner now wants to build a small office/art studio in a separate structure. What can the owner do to overcome the restriction?

Answer 26

Have the necessary parties execute a quitclaim deed.

Question 27

Among other provisions, the Superfund Act (CERCLA) and Superfund Amendment and Reauthorization Act of 1986 provided that

Answer 27

parties responsible for improper disposal of hazardous waste could be charged for the cleanup costs.

Question 28

Which of the following is true of a successful eminent domain proceeding?

Answer 28

It extinguishes leases, liens, and other encumbrances on the property taken.

Question 29

As evidence that building inspectors have found that a structure complies with building codes and is ready for use, the municipality or county issues a(n)

Answer 29

certificate of occupancy.

Question 30

To obtain a change of the zoning for a particular property, for example, from residential to commercial, a property owner would ask the zoning board for a(n)

Answer 30

amendment.

Question 31

What is the difference between a variance and a nonconforming use?

Answer 31

A variance is granted by the zoning board if the owner has a justifiable reason.

Question 32

Which of the following situations is most likely to represent an illegal nonconforming use?

Answer 32

A homeowner in a residential zone converts her residence to rental offices.

Question 33

How does Planned Unit Development zoning differ from ordinary zoning?

Answer 33

It requires that multiple tracts of land be developed according to a single design for efficient use of space.

Question 34

What is meant by “intensity of usage?”

Answer 34

The area of a commercial or industrial facility in relation to the size of the site.

Question 35

In the implementation of land use controls, why should a community be concerned about the effects on individual property values?

Answer 35

In most communities, taxes based on property values support needed government services.

Question 36

What is the relationship between master planning and zoning ordinances?

Answer 36

Zoning ordinances are a primary means of keeping land use in line with the master plan.

Question 37

One of the major considerations in planning where to allow growth is

Answer 37

the effect of development on traffic patterns.

Question 38

The basic intent of zoning ordinances is to

Answer 38

specify usage for every parcel within the zoning authority’s jurisdiction.

Question 39

Why do zoning authorities create different types of zones?

Answer 39

To separate different types of uses so that they do not interfere with each other.

Question 40

What is a “buffer zone?”

Answer 40

A transitional zone between a residential zone and a commercial zone.

Question 41

An amalgamated land use plan for a municipality, county, or region which incorporates community opinion, the results of intensive research, and the various land use guidelines and regulations of the state. Acts as a blueprint for subsequent zoning ordinances and rulings.

Answer 41

master plan

Question 42

A state’s or local government’s legal authority to create, regulate, tax, and condemn real property in the interest of the public’s health, safety, and welfare.

Answer 42

police power

Question 43

The primary tool by which cities and counties regulate land use and implement their respective master plans.

Answer 43

Zoning:

Question 44

The Constitution grants the states the legal authority to regulate, and the states delegate the authority to counties and municipalities through legislation called enabling acts.

Answer 44

Enabling Act:

Question 45

one that clearly differs from current zoning.

Answer 45

Nonconforming Use:

Question 46

A land use that conflicts with current zoning but is authorized for certain reasons, including undue hardship to comply and minimal negative impact to leave it alone.

Answer 46

Variance:

Question 47

A land use in conflict with current zoning that is nevertheless authorized because of its perceived benefit to the public welfare

Answer 47

Special Exception:

Question 48

A current or potential property owner may petition the zoning board for an outright change in the zoning of a particular property.

Answer 48

Amendment:

Question 49

The developer submits a plat of subdivision containing surveyed plat maps and comprehensive building specifications. The plat, as a minimum, shows that the plan complies with local zoning and building ordinances. The project can commence only after the relevant authority has approved the plat.

Answer 49

Plat of Subdivision:

Question 50

A local, county, or regional planning policy that requires developers to correct foreseen negative impacts of a development during the construction period of the project itself rather than afterwards; for example, widening a road during construction to accommodate a future increase in traffic.

Answer 50

Concurrency:

Question 51

A document confirming that a newly constructed or renovated property has fully complied with all building codes and is ready for occupancy and use.

Answer 51

Certificate of Occupancy:

Question 52

A power of a government entity to force the sale of private property for subsequent public use.

Answer 52

Eminent Domain:

Question 53

A provision in a deed that limits or places rules on how the deeded property may be used or improved.

Answer 53

Deed Restriction:

Question 54

A restriction expressed in a conveyance (deed or lease) of a residential, commercial, or industrial property places limits on the use of the property. Such restrictions are also referred to as “covenants, conditions, and restrictions,” or CCRs. A quitclaim deed can terminate a private deed restriction.

Answer 54

Covenants, Conditions and Restrictions:

Question 55

The declaration of a subdivision, Planned Unit Development, condominium, and commercial or industrial park contains private use restrictions. These have the same legal effect as a deed restriction, as the declaration attaches to the rights in the property. A private party cannot, however, extinguish a declaration restriction by agreement or quitclaim deed.

Answer 55

Declaration Restriction:

Question 56

A deed condition may restrict certain uses of a property, much like a deed restriction. However, violation of a deed condition gives the grantor the right to re- take possession of the property and file suit for legal title.

Answer 56

Deed Condition:

Question 57

This act created the Environmental Protection Agency (EPA) and the Council for Environmental Quality, giving them a mandate to establish environmental standards for land use planning. The act also required environmental impact surveys on large development projects.

Answer 57

National Environmental Policy Act:

Question 58

This act authorized the EPA to establish air quality standards for industrial land uses as well as for automobile and airplane emissions

Answer 58

Clean Air Amendment:

Question 59

These acts addressed standards to control water pollution and industrial wastes from the standpoints of future prevention as well as remediation of existing pollution.

Answer 59

Water Quality Improvement Act, Water Pollution Control Act Amendment, Clean Water Act Amendment:

Question 60

These acts addressed disposal of solid and toxic wastes and measures for managing waste. In addition, the Superfund act provided money for hazardous waste disposal and the authority to charge cleanup costs to responsible parties.

Answer 60

Resource Recovery Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Superfund Amendment and Reauthorization Act :