Chapter 8 - Land Use Planning and Control

Question 1

In most jurisdictions, the master plan is managed by

Answer 1

the planning commission

Question 2

To be valid, a local zoning ordinance must

Answer 2

reasonably promote community health, safety and welfare

Question 3

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

Answer 3

a plat of the subdivision

Question 4

Define master plan

Answer 4

a fusion of land use laws and local land use objectives

Question 5

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

Answer 5

a special acception

Question 6

What is the fundamental purpose of a building permit?

Answer 6

to ensure that improvements comply with codes

Question 7

While the Constitution guarantees the right of individual ownership of real estate, it does not

Answer 7

not guarantee the uncontrolled sale, use, and development of real estate.

Question 8

Without a central authority to exert control, land use

Answer 8

tends to be chaotic

Question 9

Over time, public and private control of land use has come to focus on certain core purposes. These are:

Answer 9

 preservation of property values
 promotion of the highest and best use of property
 balance between individual property rights and the public good, i.e., its health, safety and welfare
 control of growth to remain within infrastructure capabilities
 incorporation of community consensus into regulatory and planning activities

Question 10

The optimum management of real property usage must take into account

Answer 10

both the interests of the individual and the interests of the surrounding community.

Question 11

A community achieves its land usage goals through a three-phase process, as the exhibit illustrates:

Answer 11

 development of a master plan for the jurisdiction
 administration of the plan by a municipal, county, or regional planning commission
 implementation of the plan through public control of zoning, building codes, permits, and other measures

Question 12

A planning commission manages

Answer 12

the master plan and enforces it by exercising its power to establish zones, control building permits, and create building codes.

Question 13

Public land use planning incorporates

Answer 13

long-term usage strategies and growth policies in a land use plan, or master plan

Question 14

The primary objectives of a master plan are

Answer 14

generally to control and accommodate social and economic growth

Question 15

A master plan sets specific guidelines

Answer 15

on how much growth the jurisdiction will allow.

Question 16

To formulate a growth strategy, a plan initially forecasts

Answer 16

growth trends, then estimates how well the municipality can keep pace with the growth forecast

Question 17

A growth plan considers:

Answer 17

 nature, location and extent of permitted uses
 availability of sanitation facilities
 adequacy of drainage, waste collection, and potable water systems
 adequacy of utilities companies
 adequacy and patterns of thoroughfares
 housing availability
 conservation of natural resources
 adequacy of recreational facilities
 ability and willingness of the community to absorb new taxes, bond issues, and assessments

Question 18

In addition to the quantity of growth, a master plan also defines

Answer 18

what type of growth will occur, and where

Question 19

Growth patterns major considerations are:

Answer 19

 the type of enterprises and developments to allow
 residential density and commercial intensity
 effects of industrial and commercial land uses on residential and public sectors, i.e., where to allow such uses
 effect of new developments on traffic patterns and thoroughfares
 effects on the environment and environmental quality (air, water, soil, noise, visual aspects)
 effect on natural resources that support the community
 code specifications for specific construction projects

Question 20

As the master plan sets forth guidelines for how much

Answer 20

growth will be allowed, it must also make plans for accommodating expanding or contracting demand for services and infrastructure

Question 21

The master plan must identify:

Answer 21

 facilities requirements for local government
 new construction requirements for streets, schools, and social services facilities such as libraries, civic centers, etc.
 new construction required to provide power, water and sewer services

Question 22

In response to land use objectives, community attitudes, and conclusions drawn from research, the planning personnel formulate their plan. In the course of planning, they analyze

Answer 22

 population and demographic trends
 economic trends
 existing land use
 existing support facilities
 traffic patterns

Question 23

Public land use management takes place within county and municipal

Answer 23

planning departments

Question 24

Planning departments are responsible for:

Answer 24

 long-term implementation of the master plan
 creating rules and restrictions that support plans and policies
 enforcing and administering land use regulation on an everyday basis

Question 25

In most jurisdictions, a planning

Answer 25

commission or board comprised of officials appointed by the government's legislative entity handles the planning function.

Question 26

The planning commission oversees the

Answer 26

operations of the department's professional planning staff and support personnel. In addition, the commission makes recommendations to elected officials concerning land use policy and policy administration.

Question 27

The planning commission is responsible for

Answer 27

 approving site plans and subdivision plans  approving building permits  ruling on zoning issues

Question 28

At the state level, the legislature enacts laws that control and restrict land use, particularly from the

Answer 28

environmental perspective

Question 29

At the local level, county and city governments control land use through

Answer 29

the authority known as police power

Question 30

The most common expressions of police power are

Answer 30

county and municipal zoning

Question 31

examples of public land use control are:

Answer 31

 subdivision regulations  building codes  eminent domain  environmental restrictions  development requirements

Question 32

Governments also have the right to own

Answer 32

real property for public use and welfare.

Question 33

Where necessary, governments may force property owners to

Answer 33

sell their property through the power of eminent domain.

Question 34

_____ is the primary tool by which cities and counties regulate land use and implement their respective master plans

Answer 34

zoning

Question 35

The Constitution grants the states the legal authority to regulate, and the states delegate

Answer 35

the authority to counties and municipalities through legislation called enabling acts

Question 36

The vehicle for zoning a city or county is

Answer 36

the zoning ordinance, a regulation enacted by the local government

Question 37

Zoning ordinances implement the master plan by

Answer 37

regulating density, land use intensity, aesthetics, and highest and best use

Question 38

Zoning ordinances typically address:

Answer 38

 the nature of land use-- office, commercial, residential, etc.  size and configuration of a building site, including setbacks, sidewalk requirements, parking requirements, and access  site development procedures  construction and design methods and materials, including height restrictions, building-to-site area ratios, and architectural styles  use of space within the building  signage

Question 39

In order to be valid zoning ordinances must be

Answer 39

clear in import, apply to all parties equally, and promote health, safety, and welfare of the community in a reasonable manner.

Question 40

Local governments enforce zoning ordinances by issuing

Answer 40

building permits to those who want to improve, repair, or refurbish a property. To receive a permit, the project must comply with all relevant ordinances and codes.

Question 41

One of the primary applications of zoning power is

Answer 41

the separation of residential properties from commercial and industrial uses. Proper design of land use in this manner preserves the aesthetics and value of neighborhoods and promotes the success of commercial enterprises through intelligently located zones

Question 42

Six common types of zone are

Answer 42

 residential  commercial  industrial  agricultural  public  planned unit development (PUD)

Question 43

Residential zoning restricts

Answer 43

land use to private, non-commercial dwellings.

Question 44

Residential zoning regulates:

Answer 44

 density, by limiting the number and size of dwelling units and lots in an area  values and aesthetics, by limiting the type of residences allowed. Some areas adopt buffer zones to separate residential areas from commercial and industrial zones.

Question 45

Commercial zoning regulates

Answer 45

the location of office and retail land usage. Some commercial zones allow combinations of office and retail uses on a single site

Question 46

Industrial. Industrial zoning regulates

Answer 46

 intensity of usage  type of industrial activity  environmental consequences

Question 47

Agricultural zoning restricts

Answer 47

land use to farming, ranching, and other agricultural enterprises.

Question 48

Public zoning restricts

Answer 48

land use to public services and recreation. Parks, post offices, government buildings, schools, and libraries are examples of uses allowed in a public zone.

Question 49

planned unit development zoning restricts

Answer 49

use to development of whole tracts that are designed to use space efficiently andmaximize open space. A PUD zone may be for residential, commercial, or industrial uses, or combinations thereof

Question 50

A county or local board, usually called the zoning board of adjustment or zoning appeals board, administers

Answer 50

zoning ordinances

Question 51

A zoning board generally deals with such issues and appeals as:

Answer 51

 nonconforming use  variance  special exception or conditional use permit  zoning amendment

Question 52

A nonconforming use is one that

Answer 52

clearly differs from current zoning. Usually, nonconforming uses result when a zoning change leaves existing properties in violation of the new ordinance

Question 53

A board usually treats legal nonconforming use by allowing it to either:

Answer 53

 indefinitely  until the structures are torn down  only while the same use continues, or  until the property is sold

Question 54

illegal nonconforming use is one that

Answer 54

conflicts with ordinances that were in place before the use commenced

Question 55

A zoning variance allows

Answer 55

a use that differs from the applicable ordinance for a variety of justifiable reasons, including that:  compliance will cause unreasonable hardship  the use will not change the essential character of the area  the use does not conflict with the general intent of the ordinance

Question 56

A special exception grant authorizes

Answer 56

a use that is not consistent with the zoning ordinance in a literal sense, yet is clearly beneficial or essential to the public welfare and does not materially impair other uses in the zone.

Question 57

A current or potential property owner may petition the zoning board for an

Answer 57

amendment - outright change in the zoning of a particular property.

Question 58

Subdivision plat approval. The developer submits a plat of subdivision containing

Answer 58

surveyed plat maps and comprehensive building specifications

Question 59

Subdivision requirements typically regulate

Answer 59

 location, grading, alignment, surfacing, street width, highways  sewers and water mains  lot and block dimensions  building and setback lines  public use dedications  utility easements  ground percolation  environmental impact report  zoned density

Question 60

Concurrency is a policy

Answer 60

that requires the developer to make accommodations concurrently with the development of the project itself, not afterwards

Question 61

In addition to local regulation, subdivisions must meet

Answer 61

FHA (Federal Housing Authority) requirements to qualify for FHA financing insurance.

Question 62

Building codes allow

Answer 62

the county and municipality to protect the public against the hazards of unregulated construction

Question 63

Building codes typically address

Answer 63

 architectural and engineering standards  construction materials standards  building support systems such as life safety, electrical, mechanical, and utility systems

Question 64

Building inspectors inspect a new development or improvement for code compliance. If the work complies

Answer 64

the municipality or county issues a certificate of occupancy which officially clears the property for occupation and use.

Question 65

If efforts to regulate privately owned property are inadequate or impractical in a particular situation, or if there is a compelling public need, a county or local government may

Answer 65

acquire property by means of direct purchase.

Question 66

A government body might acquire land because of the public need for:

Answer 66

 thoroughfares and public rights-of-way  recreational facilities  schools  essential public facilities  urban renewal or redevelopment

Question 67

Eminent domain allows

Answer 67

a government entity to purchase a fee, leasehold, or easement interest in privately owned real property for the public good and for public use, regardless of the owner's desire to sell or otherwise transfer any interest

Question 68

Public entities that have the power of eminent domain include

Answer 68

 all levels of government  public districts (schools, etc.)  public utilities  public service corporations (power companies, etc.)  public housing and redevelopment agencies  other government agencies

Question 69

To acquire a property, the public entity must first adopt a formal resolution to acquire the property, variously called a

Answer 69

“resolution of necessity.”

Question 70

In order to proceed with condemnation, the government agency must

Answer 70

demonstrate that the project is necessary, the property is necessary for the project, and that the location offers the greatest public benefit with the least detriment.

Question 71

Property owners in the private sector can regulate land use

Answer 71

to some extent through deed restrictions and deed conditions.

Question 72

A restriction expressed in a conveyance (deed or lease) of a residential, commercial, or industrial property places limits

Answer 72

on the use of the property. "covenants, conditions, and restrictions" CC&Rs

Question 73

Typical deed restrictions concern:

Answer 73

 required minimum area of a residence  setback  prohibition against construction of sheds or secondary buildings  prohibition against conducting certain commercial activities

Question 74

The declaration of a subdivision, Planned Unit Development, condominium, and commercial or industrial park contains

Answer 74

private use restrictions

Question 75

The underlying purpose of deed restrictions is to

Answer 75

preserve the value and quality of the neighborhood, commercial center, or industrial park.

Question 76

A private usage restriction can be enforced by filing

Answer 76

for a court injunction

Question 77

A deed condition may

Answer 77

restrict certain uses of a property, much like a deed restriction.

Question 78

ederal and state legislatures have enacted laws to conserve and protect the environment against

Answer 78

the hazards of growth and development, particularly in terms of air, water, and soil quality

Question 79

Air quality, both indoor and outdoor, has been a matter of concern since

Answer 79

the 1960's. With today’s construction methods creating airtight, energy-efficient structures, attention to sources of indoor air pollution is more important than ever.

Question 80

Among the significant air threats are:

Answer 80

-asbestos -carbon monoxide -formaldehyde -lead -mold -radon

Question 81

asbestos

Answer 81

a powdery mineral once commonly used as a fireproof insulating material around pipes, in floor tiles and linoleum, in siding and roofing, in wallboard, joint compound, and many other applications

Question 82

carbon monoxide

Answer 82

a colorless, odorless, poisonous gas that may result from faulty heating equipment. Home and commercial detection devices are available.

Question 83

formaldehyde

Answer 83

a chemical used in building materials and in other items such as fabrics and carpeting. As it ages, formaldehyde gives off a colorless, pungent gas.

Question 84

lead

Answer 84

a heavy metal once widely used in paints and plumbing materials. It has been banned in paint since 1978 and in new plumbing since 1988.

Question 85

mold

Answer 85

a fungus that grows in the presence of moisture and oxygen on virtually any kind of organic surface

Question 86

radon

Answer 86

a colorless, odorless, radioactive gas that occurs naturally in the soil throughout the United States.

Question 87

Soil, groundwater, and drinking water supplies are vulnerable to pollution from

Answer 87

leaking landfills; improper waste disposal; agricultural runoff; industrial dumping in waterways; highway and rail spills; industrial emissions; internal combustion emissions; and underground tanks leaking fuels and chemicals,

Question 88

Some of the problems subject to soil and water controls are:

Answer 88

-dioxins -lead & mercury -MTBE - Methyl Tertiary Butyl Ether -PCB - Polychlorinated biphenyl -Underground storage tanks (USTs) -Wetlands

Question 89

dioxins

Answer 89

a family of compounds produced as a byproduct of manufacturing and incinerating materials that contain chlorine

Question 90

MTBE, Methyl Tertiary Butyl Ether,

Answer 90

a gasoline additive

Question 91

PCB, Polychlorinated Biphenyl,

Answer 91

a substance formerly widely used as an electrical insulation

Question 92

Wetlands

Answer 92

considered part of the natural water filtering system as well as special habitats, subject to restrictions on development and use.

Question 93

Other regulated and controlled environmental conditions include:

Answer 93

 Electromagnetic Fields (EMFs) created by powerlines  noise created by airports, air, rail and highway traffic  earthquake and flood hazards that affect hazard insurance, lending practices, and construction requirements for buildings in designated flood and earthquake zones.

Question 94

Solid Waste Disposal Act

Answer 94

1965 (1976, 1999, 2002) regulated landfills

Question 95

Air Quality Act, Clean Air Act

Answer 95

1967 (1970) regulated air quality standards

Question 96

National Environmental Policy Act (NEPA)

Answer 96

1969 (1970) created EPA

Question 97

Flood Control Act

Answer 97

amended 1969 building in flood zones; flood insurance

Question 98

Resource Recovery Act

Answer 98

1970 solid waste disposal

Question 99

Water Quality Improvement Act

Answer 99

1970 dumping in navigable waters; wetlands

Question 100

Water Pollution Control Act amendment

Answer 100

1972 dumping in navigable waters; wetlands

Question 101

Marine Protection Research and Sanctuaries Act

Answer 101

1972 offshore waste dumping

Question 102

Noise control legislation

Answer 102

1972 airport- and transportation-related noise

Question 103

Coastal Zone Management Act

Answer 103

1972 beaches, marine habitats

Question 104

Clean Water Act

Answer 104

1972 (1977) dumping in navigable waters; wetlands

Question 105

Safe Drinking Water Act

Answer 105

1974 public water supply, lead

Question 106

Resource Conservation and Recovery Act (RCRA)

Answer 106

1976 hazardous waste, solid waste

Question 107

Toxic Substances Control Act

Answer 107

1976 industrial chemicals

Question 108

Lead-based paint ban (US Consumer Product Safety Commission rule)

Answer 108

1978 lead-based paint in residences

Question 109

PCB ban (EPA rule)

Answer 109

1979 polychlorinated biphenyls

Question 110

RCRA amendment

Answer 110

1984 underground storage tanks

Question 111

Comprehensive Environmental Response, Compensation and Liability Act

Answer 111

1980 hazardous waste disposal

Question 112

UFFI ban

Answer 112

1982 formaldehyde in insulation materials

Question 113

Superfund Amendment and Reauthorization Act

Answer 113

1986 hazardous waste cleanup costs

Question 114

Asbestos ban (EPA rule)

Answer 114

1989 asbestos in building materials

Question 115

Residential Lead-based Paint Hazard Reduction Act (EPA and HUD rule)

Answer 115

1992 (1996) lead-based paint disclosure and treatment

Question 116

Flood Insurance Reform Act

Answer 116

1994 flood insurance in flood zones

Question 117

Brownfields legislation

Answer 117

2002 industrial site cleanup

Question 118

Licensees are expected to be aware of environmental

Answer 118

issues and to know where to look for professional help. They are not expected to have expert knowledge of environmental law nor of physical conditions in a property

Question 119

for their own protection, licensees should be careful to:

Answer 119

 be aware of potential hazards  disclose known material facts  distribute the HUD booklet (below)  know where to seek professional help.

Question 120

The Lead-based Paint Act of 1992 requires

Answer 120

a seller or seller’s agent to disclose known lead problems in properties built before 1978

Question 121

Under CERCLA and the Superfund Amendment of 1986, current landowners as well as previous owners of a property may be held liable

Answer 121

for environmental violations, even if “innocent” of a violation.

Question 122

Selling a property with an environmental problem does not avoid

Answer 122

liability for the seller, although seller and buyer may agree to share or transfer some liability

Question 123

If there is a concern, a Phase I audit or Environmental Site Assessment (ESA) should be conducted before proceeding with the transaction. A Phase I audit identifies

Answer 123

 prior uses  presence of hazardous materials

Question 124

The Phase I ESA reviews

Answer 124

environmental documents; conducts a title search for environmental liens and restrictions; and includes a visual inspection of the site and surrounding properties. There is not sampling or testing in phase I

Question 125

A Phase II audit (ESA) is conducted if a site

Answer 125

is considered contaminated. This is a more detailed investigation using chemical analysis to uncover hazardous substances and/or petroleum hydrocarbons in samples of soil, groundwater or building materials.