Take The Test | Saint University

1. If you needed a variance from the zoning restrictions of a particular parcel, to whom would you most likely have to apply?

A) Zoning Board of Appeals / Board of Adjustment
B) Conditional Use Board / Conditional Appeals Board
C) Board of Assessors / Town Clerk
D) Building Code Enforcement Department

2. As the term “de novo review” is used in the context of an appeal from a municipal grant of a special permit, variance or site plan, it is defined by which of the following:

A) On appeal, the courts will allow depositions to be taken
B) On appeal, the courts will allow new issues to be raised that were not raised at the municipal level
C) On appeal, the courts will allow the parties to introduce new evidence that was not introduced at the municipal hearing(s)
D) All of the above

3. Interium Zoning can be a very helpful process in a town's governing of land-use issues. Which of the following is a type of interium zoning?

A) The enactment of temporary building moratoria
B) The re-districting of a community
C) The establishment of a non-public zoning approval/appeal process
D) The emplacement of a size-cap on certain types of uses

4. Rezoning of a lot or parcel to benefit an owner for a use that is incompatible with surrounding uses and that doesn't further the goals of the comprehensive plan is generally called:

A) Contract zoning
B) Performance zoning
C) Spot zoning
D) Overlay Zoning

5. In a Traffic Impact Study, a "trip" is defined as:

A) The distance, in feet, yards, or miles, between the line of a curb cut and Defined Average Center of a parking area
B) A single (or "one-way") vehicular movement either to OR from a site or study area
C) A double ("two-way" or "round trip") vehicular movement to AND from a site or study area
D) The average length of time, in minutes and seconds, required for a vehicle to travel a given section of study area

6. Which of the following is NOT a common result of a plan having received Preliminary Approval?

A) A defined period of protection in which opponents of the plan cannot bring any new arguments into the record
B) A defined period in which conditions set as a requirement for final approval cannot be changed or amended
C) A defined period in which certain elements of construction (usually grading/filling, foundation pouring and framing) are allowed to occur
D) Both B & C

7. Suppose a parcel is subdivided and the sub-parcels are owned by subsidiaries of a parent entity in unrelated names, possibly to conceal true control of the property. Choose the doctrine that seeks to unify such parcels into one, for zoning purposes:

A) Res Judicata
B) Joint Ownership
C) True Ownership
D) Same Ownership

8. An existing (or 'pre-existing') non-conforming use is one that:

A) Was legal, prior to enactment of the current zoning ordinance, and is allowed to continue operating without penalty
B) Is considered "grandfathered" in the case of a future expansion; allowed to expand as-of-right with no approvals process
C) A and B
D) Neither A nor B

9. What recent supreme court decision radically changed the way government entities can define "public purpose" as related to eminent domain?

A) Hawaii Housing Authority v. Midkiff
B) Berman v. Parker
C) West Coast Hotel v. Parrish
D) Kelo v. City of New London

10. The "Conditional Use Permit" is a type of project approval that is typically employed for what reason? Choose the best answer from the following:

A) To allow certain types of use that fill an obvious need for the town (e.g., jobs, tax revenue, etc.) into areas that may be inappropriate for that use, while ensuring that the approval will hold up under judicial review.
B) To allow certain types of use in a given area, while ensuring that the use - which may be more intense than the area is zoned for - fits in to the area and does not create a nuisance for neighboring uses and residents.
C) To allow certain types of use in a given area while getting around strong community opposition; for instance when a use that will benefit public servics/works or utilities wishes to locate in a residential or agricultural area.
D) Both A & C are common reasons.

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Teaching the art & science of Land Use Politics