American Institute of Certified Planners (AICP) Practice Exam

Which entitlement is most appropriate for regulating the development of a new landfill?

1. Variance

2. Special Permit

3. Cluster zoning

4. Rezoning

The correct answer is: Special Permit

The most appropriate entitlement for regulating the development of a new landfill is a special permit. This is because landfills are typically considered a conditional use in many zoning ordinances due to their potential impact on surrounding land uses, the environment, and the community. A special permit allows for additional scrutiny and the establishment of specific conditions under which the landfill can operate safely and in compliance with local regulations. It provides the regulatory body the opportunity to evaluate the proposed development's compatibility with the surrounding area, assess environmental concerns, and require additional mitigation measures if necessary. Special permits can also involve public hearings, allowing community members to voice their concerns and opinions, which is particularly important for projects like landfills that may have significant implications for local residents and the environment. This process ensures that the development isn't just permitted by right but evaluated on its merits and context within the community. Other options, like variance, cluster zoning, or rezoning, do not fit as appropriately for landfill development. A variance is typically sought to deviate from established zoning standards, cluster zoning pertains to residential developments emphasizing open space, and rezoning involves changing the zoning designation of a property, which may not adequately address the specific and conditional nature of landfill operations.