Land Use Final Outline

Question 1

What are land use regulations?

Answer 1

Means by which municipal governments shape development and character of jurisdictions

Question 2

What is a General/Master Plan?

Answer 2

Foundational document outlining a city’s long-term development goals

Question 3

What is zoning?

Answer 3

Main regulatory tool used to divide a municipality into districts with rules for structures and permissible land uses

Question 4

What are Subdivision Controls?

Answer 4

Regulations that create standards for design and location of public infrastructure in new developments

Question 5

What do Aesthetic Controls govern?

Answer 5

Appearance of buildings in designated historic areas

Question 6

What do Building Codes specify?

Answer 6

Standards for building materials, structural integrity, and habitability

Question 7

What is the primary goal of developers/landowners?

Answer 7

To make money by navigating regulatory approval from municipalities

Question 8

What remedies can landowners pursue if zoning forbids a desired action?

Answer 8

• Administrative relief (variances)
• Legislative changes (rezoning)
• Constitutional changes (litigation)

Question 9

What are the main concerns of neighbors regarding development?

Answer 9

• Safety of community
• Traffic
• Welfare of children

Question 10

What does the local government desire?

Answer 10

• To be re-elected
• To act in the best interest of the community
• To reflect the will of the people

Question 11

What is a Minimalist/Night Watchman State?

Answer 11

Government only defines property rights and engages in no planning

Question 12

What defines a Zoning City?

Answer 12

Government’s regulations dictate permissible land uses in different parts of the city

Question 13

What is the purpose of zoning?

Answer 13

Dividing an entire municipality into districts with designated permitted uses for each area

Question 14

What are key aspects regulated by modern zoning?

Answer 14

• Use
• Density of construction
• Minimum lot size
• Height of buildings
• Setbacks
• Sideyards
• Building coverage percentage
• Bulk (Floor to Area Ratio)

Question 15

What landmark case established the constitutionality of zoning?

Answer 15

Village of Euclid v. Ambler Realty Co. (1926)

Question 16

What is a variance?

Answer 16

An officially sanctioned variation in the city/municipality’s land use code

Question 17

What types of variances exist?

Answer 17

• Area Variance
• Use Variance

Question 18

What is a Conditional Use Permit?

Answer 18

Allows specific uses that may not be permitted by right in a zone, subject to conditions

Question 19

What are Non-Conforming Uses?

Answer 19

Legal uses established before a zoning law change that no longer conform

Question 20

What is the purpose of Transferable Development Rights (TDRs)?

Answer 20

Allows transfer of development potential from restricted areas to areas where intense development is desired

Question 21

What is a Planned Unit Development (PUD)?

Answer 21

Process allowing developers to create their own zoning rules for large parcels with Zoning Board approval

Question 22

What is the Subdivision Review Process?

Answer 22

• Sketch Plat
• Preliminary Plat Approval
• Final Plat Plan

Question 23

What are Vested Rights?

Answer 23

Doctrine protecting a developer’s right to complete a project under zoning regulations in place when approvals were gained

Question 24

What is Zoning Estoppel?

Answer 24

Equitable doctrine preventing government from reversing a prior approval that a landowner relied on to their detriment

Question 25

What do Aesthetic Controls aim to protect?

Answer 25

Property values based on the belief that aesthetics impact economic development

Question 26

What is Dillon’s Rule?

Answer 26

Municipalities only have powers explicitly granted by the state

Question 27

What is the Takings Clause of the 5th Amendment?

Answer 27

Requires just compensation when private property is taken for public use

Question 28

What is Regulatory Taking?

Answer 28

Occurs when government regulations diminish property value or use equivalent to a physical taking

Question 29

What is the Penn Central test?

Answer 29

Used to determine if a regulatory taking has occurred based on character of government action, economic impact, and investment-backed expectations

Question 30

What are Exactions?

Answer 30

Government takes land or requires payment in exchange for land use permit approval

Question 31

What must regulations pass for Substantive Due Process?

Answer 31

Rational basis review related to a legitimate government interest

Question 32

What does the Equal Protection Clause protect?

Answer 32

Ensures no person is denied equal protection under the law

Question 33

What does Substantive Due Process limit?

Answer 33

Limits what and how the government can regulate ## Footnote Requires regulations to pass rational basis review

Question 34

What is the standard for rational basis review?

Answer 34

Action must be rationally related to a legitimate government interest, not arbitrary or irrational

Question 35

What standard do federal courts apply for arbitrary government conduct?

Answer 35

High 'shock the conscience' standard

Question 36

How do state courts typically apply the rational basis test?

Answer 36

Requiring a substantial relationship to health, safety, welfare, or morals

Question 37

What triggers Equal Protection claims?

Answer 37

When a city treats similarly situated individuals or groups differently

Question 38

What is required for a plaintiff to win under rational basis review?

Answer 38

Very difficult to win; must show rational relationship to a legitimate interest

Question 39

What case involved an Equal Protection challenge to a zoning ordinance?

Answer 39

Hernandez v. City of Hanford

Question 40

What is the test for Strict Scrutiny?

Answer 40

Requires a compelling government interest and narrow tailoring

Question 41

What must be demonstrated to apply strict scrutiny?

Answer 41

Discriminatory intent must be shown first

Question 42

What does the Fair Housing Act (FHA) prohibit?

Answer 42

Discrimination based on race, color, national origin, religion, sex, familial status, and handicap

Question 43

What types of claims does the FHA allow?

Answer 43

* Disparate treatment (intentional discrimination) * Disparate impact (discriminatory effect) claims

Question 44

What is required in a Disparate Impact claim under the FHA?

Answer 44

Plaintiff establishes a prima facie case, then defendant shows necessity, then burden shifts back to plaintiff

Question 45

What is the FHA's duty regarding reasonable accommodations?

Answer 45

To make reasonable accommodations for the disabled unless it imposes a fundamental alteration or undue burden

Question 46

What case illustrates disparate treatment, disparate impact, and reasonable accommodations under FHA?

Answer 46

Cinnamon Hills Youth Crisis Center, Inc. v. Saint George City

Question 47

What did the Supreme Court decide in Village of Belle Terre v. Boraas?

Answer 47

Upheld an ordinance limiting living arrangements of unrelated people to enhance public welfare

Question 48

What was the outcome of Moore v. East Cleveland?

Answer 48

Court struck down an ordinance narrowly defining 'family' that excluded extended relatives

Question 49

What are the two categories of regulations of speech?

Answer 49

* Content-based (strict scrutiny) * Content-neutral (intermediate scrutiny)

Question 50

What is required for Strict Scrutiny in content-based regulations?

Answer 50

Compelling government interest and narrowly tailored law

Question 51

What do content-neutral regulations focus on?

Answer 51

Time, place, and manner of speech

Question 52

What is required for Intermediate Scrutiny?

Answer 52

Significant government interest and narrowly tailored regulation without unnecessary burden on speech

Question 53

What did City of Laude v. Gilleo determine about sign regulations?

Answer 53

A ban on all signs in a residential district was unconstitutional due to lack of adequate alternatives

Question 54

What did Reed v. Town of Gilbert establish regarding sign codes?

Answer 54

Different restrictions based on communicative content are content-based and subject to strict scrutiny

Question 55

What was clarified in City of Austin v. Reagan National Advertising?

Answer 55

A regulation is facially content-based if it singles out specific subject matter for differential treatment

Question 56

What is the significance of the Religious Land Use and Institutionalized Persons Act (RLUIPA)?

Answer 56

Mandates equal treatment of religious assemblies and broadly defines religious exercise

Question 57

What must land use regulations pass when involving an individual assessment under RLUIPA?

Answer 57

Strict scrutiny

Question 58

What are the three requirements for a neighbor to have standing in a land use claim?

Answer 58

* Injury * Causation * Remedy

Question 59

What does 'injury' refer to in the context of standing?

Answer 59

Plaintiff suffered a harm different from the general public

Question 60

What is necessary for a legal remedy in standing?

Answer 60

There must be a legal remedy available to address the harm

Question 61

What strengthens a neighbor's case for standing?

Answer 61

Proximity to the issue

Question 62

What may some jurisdictions require for standing in land use claims?

Answer 62

Participation in initial local proceedings