Deck 18: Zoning

Question 1

Zoning represents an exercise of the police power.

Answer 1

True

Question 2

Zoning can be used to stop growth in a community.

Answer 2

False

Question 3

Interim zoning is unconstitutional.

Answer 3

False

Question 4

Exclusionary zoning, in general, is unconstitutional.

Question 5

Noncumulative zoning permits higher uses in lower-zoned areas.

Question 6

Intensity zoning controls items such as building set-backs.

Question 7

A variance must be approved by the Board of Adjustment.

Question 8

A special permit is a temporary variance.

Question 9

To be valid, a nonconforming use must be in existence at the time zoning regulations are adopted.

Question 10

Group homes are unconstitutional.

Question 11

A nonconforming use cannot be expanded.

Question 12

A nonconforming use must continue in perpetuity.

Question 13

The right to a nonconforming use can be lost through abandonment.

Question 14

The Standard State Zoning Enabling Act does not permit a master plan for use in establishing zoning regulations.

Question 15

Due process requires that landowners have a court hearing before zoning regulations are adopted.

Question 16

An area zoned for commercial use only is an example of use restriction zoning.

Question 17

Under Cumulative Zoning, single family residences are permitted in commercial areas.

Question 18

Building height limitations are examples of intensity zoning.

Question 19

Cumulative zoning is unconstitutional in residential areas.

Question 20

A special permit is another term for variance.

Question 21

Aesthetic zoning is unconstitutional.

Question 22

An ordinance requiring minimum square footage in buildings is an example of density zoning.

Question 23

The right to a nonconforming use can be lost by a complete change in property use.

Question 24

Social issue zoning has been declared unconstitutional.

Question 25

Zoning application procedures need not have time limits for processing.

Question 26

No-growth zoning is unconstitutional.

Question 27

All-adult zoning restrictions are unconstitutional.

Question 28

Regulatory zoning of adult bookstores is not permitted because of First Amendment protections.

Question 29

Undue restrictions on development of multi-unit housing is unconstitutional.

Question 30

Zoning limiting adult bookstores to certain areas is unconstitutional.

Question 31

Cumulative zoning is unconstitutional.

Question 32

Variances are unconstitutional.

Question 33

Cumulative zoning permits higher uses in lower areas - i.e., single family homes are permitted in townhouse areas.

Question 34

Zoning restrictions on religious organizations are subject to strict scrutiny review.

Question 35

The regulation of tattoo parlors does not meet the standard for regulation meeting a legitimate health, safety, and moral interest.

Question 36

Zoning boards have absolute discretion when it comes to variances for cell tower placement.

Question 37

In a cumulative zoning area, residential uses are permitted in commercial zoning areas.

Question 38

A nonconforming use exception can be lost if the nonconforming activity is ended.

Question 39

Courts cannot reverse a zoning board's denial of a special use permit.

Question 40

Zoning can prohibit manufactured housing in certain areas in a town or city.

Question 41

Under the Religious Land Use and Institutionalized Persons Act, expansion of religious buildings is no longer possible without federal approval.

Question 42

Coastal development restrictions that prohibit use of the land are considered a taking.

Question 43

Zoning that limits the number of residents per household is unconstitutional.

Question 44

A special permit, once issued, can be revoked at any time.

Question 45

Refusing any form of housing other than single-family dwelling can be an unconstitutional exercise of zoning authority.

Question 46

The Telecommunications Act regulates stalling by local zoning boards.

Question 47

Which of the following will be required to perform its function first in a city's zoning development?

A) The Board of Adjustment
B) The Planning Commission
C) The Building Inspector
D) City administrative agency

Question 48

What entitles a local government to engage in a zoning plan?

A)The 14th Amendment
B)Commerce clause
C)Police power
D)Standard State Zoning Enabling Act

Question 49

Zoning regulations are unconstitutional if they:

A) Decrease the value of properties.
B) Limit property use.
C) Control density of building.
D) Are based on race.

Question 50

A master plan:

A) Is the basis for zoning regulations.
B) Is developed by the city council.
C) Cannot be varied once it is in place.
D) Prohibits nonconforming uses.

Question 51

Which of the following is not an example of a use restriction?

A) Commercial buildings only
B) Industrial only
C) Apartment complexes only
D) Building height

Question 52

Cumulative zoning is zoning which:

A) Includes interim zoning.
B) Permits higher uses in lower-zoned areas.
C) Permits nonconforming uses.
D) Permits group homes.

Question 53

Intensity zoning:

A) Controls building location.
B) Provides for maximum constructions per area.
C) Is unconstitutional.
D) Regulates appearance.

Question 54

Aesthetic zoning:

A) For purposes of aesthetics only is unconstitutional.
B) Exceeds the police power.
C) Can never be valid.
D) Is now just regulated by HOAs.

Question 55

Exclusionary zoning can:

A) Never be valid.
B) Be used to control growth.
C) Be used to prevent growth.
D) Be used to limit church growth.

Question 56

A nonconforming use:

A) Can be lost through abandonment.
B) Must be limited by a number of years.
C) Does not apply in residential areas.
D) Does not apply in commercial and industrial areas.

Question 57

Which of the following statements about exclusionary zoning is correct?

A) It is unconstitutional if it excludes growth
B) It is unconstitutional if it slows growth
C) It is unconstitutional
D) It is a form of eminent domain

Question 58

Which of the following accurately describes cumulative zoning?

A) Higher uses not permitted in lower areas
B) Lower uses are permitted in higher areas
C) Nonconforming uses are permitted
D) It is non-exclusionary zoning

Question 59

Interim zoning:

A) Is zoning used prior to development of a master plan.
B) Is unconstitutional.
C) Is unconstitutional without a master plan in development.
D) Cannot be changed once it is in place.

Question 60

Intensity zoning:

A) Regulates the type of use of property.
B) Can include building height limitations.
C) Is prohibited in urban areas.
D) Is designed to limit population.

Question 61

The Standard State Zoning Enabling Act:

A) Has been passed in most states.
B) Does not permit nonconforming uses.
C) Does not provide for special use permits.
D) Eliminates the constitutional issues in zoning through procedural protections.

Question 62

The City of Apache requires all developers to obtain a construction permit for proposed projects. The City, through the Zoning Commission, then approves or disapproves the proposed plans. Ed Beck built a mobile home park after his plans for a 55-mobile-home-space-park were approved but Ed changed the number of mobile home spaces from the original 55 to 58. Ed:

A) Cannot be charged with a violation since the difference is so small.
B) Cannot be charged with a violation since the pre-approval is unconstitutional.
C) Can be charged with a violation and required to reduce the spaces to 55.
D) Can be charged with a violation that requires removal of the park.

Question 63

Emmett Rowan wishes to open an adult bookstore. The location he has chosen is in a shopping center located next to a junior high school. The city refuses to approve his application (required for licensing of adult bookstores) because the proposed location violates the city ordinance that prohibits location of such stores within 50 feet of any public school, church or daycare facility.

A) The ordinance is a valid regulation based on public welfare.
B) The ordinance violates the First Amendment.
C) The licensing requirement is unconstitutional.
D) The locations limitations are constitutionally invalid.

Question 64

Emma Hartford operates a beauty salon in the basement of her home. Her home is located in an R-1 acre in Kenmore, NY. R-1 areas do not permit the operation of a business in homes. Emma:

A)Is guilty of a felony.
B)Needs to obtain a variance.
C)Meets the requirements for a non-conforming use.
D)Can challenge the constitutionality of the restriction.

Question 65

Al Brickett had two mobile homes on his land behind his house. The mobile homes have been there since Al bought the land in 1971. In 1975, Al's area was zoned as R-1, an area for single family homes and no mobile homes. Al:

A) Is guilty of a felony.
B) Needs to obtain a variance.
C) Meets the requirements for a non-conforming use.
D) Can challenge the constitutionality of the restriction.

Question 66

Al Brickett had two mobile homes on his land behind his house. The mobile homes have been there since Al bought the land in 1971. In 1975, Al's area was zoned as R-1, an area for single family homes and no mobile homes. Suppose that Al removes the mobile homes for one year. He then buys new ones. The city finds Al in violation of zoning laws. Al:

A) Is in violation of city zoning laws.
B) Meets the requirements of a non-conforming use.
C) Did not meet the requirements for abandonment.
D) Can challenge the constitutionality of the violation.

Question 67

A city ordinance limits adult bookstores by prohibiting them within 1,000 feet of any church or school.

A) The ordinance is unconstitutional as a violation of free speech.
B) The ordinance is constitutional if there are sufficient alternate locations for the bookstores.
C) The ordinance is unconstitutional on the church portion only.
D) The ordinance is too broad in measure and substance.

Question 68

NIMBYs are:

A) A form of general zoning plans.
B) Exceptions to the zoning plans.
C) Landowners who object to the location of businesses or projects near their properties.
D) Groups that initiate eminent domain actions on behalf of cities.

Question 69

The Telecommunications Act:

A) Is a federal law that places limits on local regulation of cell phone towers.
B) Is a state law that has been declared unconstitutional.
C) Permits cell phone towers to be erected without local approval.
D) No longer applies to location of cell towers.

Question 70

The Religious Land Use and Institutionalized Persons Act:

A) Allows local entities to impose strict controls on religious building construction.
B) Imposes restrictions on local restrictions on religious organizations.
C) Is a federal law that has been declared unconstitutional.
D) Prohibit favorable treatment of churches by zoning laws.

Question 71

Who are NIMBYs?

A) Landowners who do not want certain developments near them (not in my back yard)
B) Zoning provisions that prevent large-box retailers from locating in small towns
C) EMF regulations on the location of cell-phone towers
D) An anti-Walmart group

Question 72

What do BANANAs address?

A)General issues related to urban sprawl
B)Oil refineries
C)The need for potassium in the diet
D)Nuisance effects from data processing plants

Question 73

Randy's Brake Service has been located on the same corner in Mesa, Arizona for 48 years. When Randy's father opened the business, the area had no zoning. When zoning laws were passed in 1969, the area in which Randy's was located was zoned for retail sales but not for industrial. Car repair services are considered industrial uses under the master zoning plan. What are Randy's rights?

A) Randy will not be able to continue to run a car repair business
B) Randy's business is grandfathered in as a nonconforming use
C) Randy can challenge the zoning as an unconstitutional taking
D) The city's master zoning plan must allow for all existing uses

Question 74

Randy's Brake Service has been located on the same corner in Mesa, Arizona for 48 years. When Randy's father opened the business, the area had no zoning. When zoning laws were passed in 1969, the area in which Randy's was located was zoned for retail sales but not for industrial. Car repair services are considered industrial uses under the master zoning plan. Suppose that Randy began selling auto parts and stopped doing repairs. Five years later the parts business is not so good and Randy begins doing repairs again. The city has brought suit seeking an injunction against the use of the business for repairs. Which of the following is accurate?

A) Once Randy has a nonconforming use, he can always return to it
B) A nonconforming use is lost through a prescriptive period of different use
C) Abandoning a nonconforming use results in a loss of the exemption from zoning compliance
D) The failure to allow Randy to return to his original use is an unconstitutional taking

Question 75

Which of the following represents the proper order of progression?

A)Enabling act, master plan, variances, permits
B)Enabling act, master plan, zoning classifications, permits
C)Enabling act, nonconforming uses, master plan, zoning classifications, permits
D)Master plan, enabling act, zoning classification, permits

Question 76

Setbacks for location of buildings and homes are an example of:

A) Intensity zoning.
B) Social issues zoning.
C) Use restrictions.
D) Not part of zoning regulations but contractor regulations.

Question 77

Deidre Watson has a home located in a residential area. Her home was constructed by her parents in 1920. In her back yard she has chicken coops, fenced-in areas for her horses, and a windmill. The area around her home has now been developed into a subdivision and her neighbors have complained about the chickens and horses. What is Deidre's best defense if the city issues an order requiring the removal of the animals and windmill?

A)That it is a taking by eminent domain
B)That she has a protected nonconforming use
C)That she is entitled to a variance
D)That the area is cumulative

Question 78

The town of High Grove has adopted a master zoning plan that prohibits manufactured homes within city limits. Which of the following best describes the plan?

A)As long as the plan promotes the health and welfare of those in the city, it will survive court challenges.
B)As long as there are residential areas, the prohibition on manufactured homes will survive a court challenge.
C)The prohibition on all manufactured homes will not survive a court challenge.
D)Manufactured homes are not real property and are not covered by zoning laws.

Question 79

Church expansion approval processes are subject to which standard when reviewed by the courts?

A)The decisions of zoning boards must be reasonable and grounded in fact
B)The decisions of the zoning boards are subject to strict scrutiny and review
C)The decisions of zoning boards on church expansions are reviewed under the same standards as all other zoning appeals
D)The decisions of zoning boards on church expansions cannot be appealed

Question 80

The town of Sedona has a zoning ordinance that prohibits lighted signs in store windows. The zoning plan was written in order to maintain Sedona's Western feel. Art Walden operates a turquoise jewelry store in Sedona and has placed a 12" x 6" electric sign in his window that reads "Open," which he lights when he is open for business. Art has been served with a violation of the zoning law. Which of the following best describes this situation?

A)The zoning prohibition on lighted signs is a violation of First Amendment rights of the store owners.
B)The prohibition on lighted signs is a form of a taking because the owners cannot advertise their businesses.
C)The zoning restriction will be upheld because of its purpose and limited scope.
D)Commercial speech enjoys greater protection under zoning laws and cannot be eliminated through absolute restrictions such as this.