A local ordinance expressly authorizes a planned-development approval permitting mixed uses and flexible lot standards under an approved comprehensive plan. What does that specified approval allow?
Correct Answer
C) The stated mixed uses and flexibility, subject to the approved plan
For this hypothetical ordinance, the approved planned-development mechanism permits the stated mixed uses and dimensional flexibility subject to its actual conditions. It does not waive every ordinance or municipal approval. Fannie PUD project classification is a different program/legal-project inquiry.
Why This Is the Correct Answer
Option C is correct because the hypothetical approval expressly permits mixed uses and flexible lot standards subject to the approved comprehensive plan. The appraiser reports what the zoning or approval actually permits, and the stated uses and flexibility apply within the approval's conditions. It does not waive other ordinances or required approvals.
Why the Other Options Are Wrong
Option A: Industrial uses beyond the conditions of the approval
Option A is wrong because industrial uses beyond the conditions of the approval are outside what the approval permits. A use the approval does not authorize is not legally permissible under it.
Option B: Detached single-family use, despite the terms of the approval
Option B is wrong because detached single-family use despite the terms of the approval contradicts the approval itself. The approval defines the permitted mixed uses, and a use contrary to its terms is not authorized by it.
Option D: Development with no municipal approval of any kind being needed
Option D is wrong because development with no municipal approval of any kind is not what a planned-development approval provides. The approval itself is a municipal approval, and it does not waive other required approvals or ordinances.
The plan sets the limits
A planned-development approval is a permission slip with conditions: you get the flexibility it lists, within the plan it approves, and nothing beyond.
How to use: Use this when evaluating what uses a planned-development or similar approval allows.
Exam Tip
Choose answers that tie permitted uses to the actual terms and conditions of an approval; avoid answers that go beyond or ignore those terms.
Common Mistakes to Avoid
- -Assuming a planned-development approval allows any use the owner wants
- -Thinking a planned-development approval removes the need for other municipal approvals
- -Confusing municipal planned-development zoning with Fannie Mae PUD project classification
Concept Deep Dive
Analysis
This question tests how to read what a specific planned-development approval permits. When an ordinance authorizes mixed uses and flexible lot standards under an approved plan, the permitted use is defined by that approval and its conditions, not by uses outside it or by an assumption that no approvals are needed.
Background Knowledge
Planned-development or planned-unit-development zoning lets a municipality approve a project with mixed uses and flexible dimensional standards under a specific plan. Appraisers must report the zoning classification and what it permits, and consider existing regulations and reasonably probable modifications in highest and best use. A municipal planned-development approval is different from Fannie Mae's PUD project classification.
Real-World Application
An appraiser values a parcel in a city-approved planned development that allows ground-floor retail with apartments above and reduced setbacks. The appraiser reviews the approved plan and its conditions to confirm the permitted uses before analyzing highest and best use.
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Under ANSI Z765-2021 as applied by Fannie Mae, a staircase runs from the second floor down to the first floor. Its area is counted as part of:
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