Deck 24: Land-Use Control

Question 1

Kelly finds that her intended improvement, a veterinary clinic, is allowed by the zoning classification of her land only if she gets specific approval for that single use. This is most likely an example of

A) a nonconforming use.
B) a variance.
C) an illegal spot zoning.
D) a conditional use permit.

Answer 1

D
This is most likely an example of a conditional use permit.

Question 2

Denise applied for a permit to build a greenhouse in her back yard. Her request was denied because of setback requirements. She appealed at a hearing before the planning board and subsequently had her permit approved. Denise obtained

A) a variance.
B) an offset deed.
C) a plat approval.
D) an encroachment permit.

Answer 2

A
Denise obtained a variance when she asked for a permit to build a greenhouse and was initially refused because of setback requirements.

Question 3

An existing structure that would be prohibited under current zoning laws is called

A) a restrictive zone use.
B) a nonconforming use.
C) an impact statement property.
D) a land use restriction.

Answer 3

B
An existing structure that would be prohibited under current zoning laws is called a nonconforming use.

Question 4

A licensed agent must be diligent to determine the existing zoning and building regulations for the property that he wishes to sell. Which of the flowing would cause the fewest problems to the agent and his buyer?

A) A home, which lies two feet outside the offset line, described on the deed.
B) A conforming business that produces such noise and odors as to be an annoyance to a nearby neighborhood.
C) A garage that was build by the seller without a building permit and slightly on his neighbor's lot.
D) A multi-family apartment building that is a non-conforming use.

Question 5

The difference between a variance and a nonconforming use is that

A) a variance changes the permitted use; nonconforming use does not.
B) nonconforming use changes zoning; a variance does not.
C) the nonconforming use first occurs after the zoning changes.
D) the variance was in effect before the zoning.

Question 6

Local residents may best gain control over the future development of their community by paying attention to

A) land use covenants.
B) eminent domain purchases by private individuals.
C) restricting the trade of developers and real estate agents.
D) public zoning decisions.

Question 7

A landowner wishing to deviate slightly from existing zoning codes would ask for

A) an amendment to the zoning ordinance.
B) a variance.
C) a new zoning ordinance.
D) exclusion from zoning ordinances.

Question 8

The word variance in land use applies to

A) an open-ended use permit.
B) loan rates which raise and lower during the term of the loan.
C) property taxes.
D) zoning.

Question 9

The exact layout of a subdivision is usually shown in detail on the

A) deed.
B) plat.
C) plot.
D) CC&Rs.

Question 10

A strip of land that separates one land use from another is called a

A) buffer zone.
B) median strip.
C) non-use zone.
D) restricted zone.

Question 11

Which of the following is usually a private decision and unaffected by zoning regulations?

A) Setback requirements
B) Nonconforming uses
C) Variances
D) House color

Question 12

In the case of a contradiction between existing zoning and new deed restrictions, which would prevail?

A) Zoning
B) Deed restrictions
C) Whichever is the more restrictive
D) The least restrictive

Question 13

A licensed agent must be aware of local zoning ordinances for all of the following reasons EXCEPT

A) zoning requirements are material facts.
B) licensees must report zoning violations to the proper authorities.
C) the agent must inform his principal of the effects of zoning on his property.
D) the law of agency requires knowledge and competence regarding permitted uses of listed property.

Question 14

Zoning is

A) a power originating from the sovereign state governments.
B) exercised to regulate types of uses, use densities, subdivision requirements, and racial and ethnic quotas.
C) exercised by building inspectors.
D) little used and of declining importance in real estate.

Question 15

A change in zoning for a parcel of land from single-family dwellings to apartment use requires a

A) zoning ordinance amendment.
B) variance.
C) zoning release.
D) release of deed restrictions.

Question 16

The authority of government to control land use is derived from the right of

A) escheat.
B) eminent domain.
C) property taxation.
D) police power.

Question 17

When a property owner obtains permission to open a small business in a residential neighborhood, it is an example of

A) nonconforming use.
B) grandfathering.
C) down zoning.
D) spot zoning.

Question 18

When there is a space specified along each property line in a neighborhood within which no building may be erected, it is called

A) a sidewalk.
B) a commercial lot.
C) a setback.
D) an offset.

Question 19

Examples of zoning ordinances are

A) condemnations.
B) prescribed architectural design.
C) density limitations.
D) house color.

Question 20

When land that was previously zoned for higher-density use is rezoned for lower-density uses, it is called

A) spot zoning.
B) buffer zoning.
C) conditional use.
D) down zoning.

Question 21

Good land use planning requires a long-range master plan. Which of the following is LEAST essential for any good master plan?

A) Physical and economic surveys of the whole subdivision
B) Long-range continuity provisions
C) Provisions for the eventual transition to commercial development
D) A balance between the economic and social needs of the community

Question 22

A zoning variance involves a change in the zoning law.

Question 23

When a small area of land in an existing neighborhood is rezoned, this is known as down zoning.

Question 24

A zoning variance allows an owner to deviate from the existing zoning law.

Question 25

A use of property that is not in agreement with present zoning laws may be permitted under a so-called "grandfather clause."

Question 26

An urban homeowner wishing to add a second story onto his existing home would most likely have to

A) get the approval of the first mortgagee.
B) get the approval of the first and second mortgagee.
C) seek a building permit.
D) carry enough insurance to cover the new value.

Question 27

Land-use controls may be imposed by

A) state governments.
B) local governments.
C) subdivision developers.
D) all of the above.

Question 28

Once the original developer is no longer involved in a subdivision, the deed restrictions are enforced by

A) the local police.
B) the homeowner's association.
C) majority vote.
D) zoning.

Question 29

The basic authority for zoning laws is derived from a state's

A) powers of eminent domain.
B) right of taxation.
C) both a and b.
D) neither a nor b.

Question 30

Through zoning, a community can protect existing land users from all of the following EXCEPT

A) encroachment by undesirable uses.
B) uncontrolled development.
C) incompatible uses of land.
D) competitive business establishments.

Question 31

When a garden apartment development is situated between an office park and a subdivision of single-family residences it is known as a commercial zone.

Question 32

Environmental impact statements are prepared

A) before development begins.
B) during construction.
C) upon completion of construction.
D) by a homeowner.

Question 33

A parcel of land 330' × 1320' was subdivided into 8 lots. How many acres were contained in each lot?

A) .125
B) 1.25
C) 5.45
D) 8

Question 34

Permission to use a building for a nonconforming use may be accomplished by amendment of the zoning ordinance.

Question 35

Permission to use a building for a nonconforming use may be accomplished by obtaining a zoning ordinance.

Question 36

Without subdivision approval, a buyer of a lot will not be able to get

A) a building permit.
B) an environmental impact study.
C) financing.
D) a final approval.

Question 37

Applied to land use, zoning laws may dictate construction standards for buildings.

Question 38

Zoning laws compensate an owner for loss of property value due to zoning.

Question 39

Zoning laws may NOT be used to regulate which of the following?

A) The purpose for which a building may be constructed
B) The number of persons a building may accommodate
C) The placement of interior partitions
D) The height and bulk of a building

Question 40

A use of property that is not in agreement with present zoning laws is called a nonconforming use.

Question 41

An environmental impact statement should reveal the effect of a planned development on property values.

Question 42

A comprehensive guide for the physical growth of a community is known as a ____________________ plan.

Question 43

A(n)____________________ allows an individual landowner to vary from zoning requirements.

Question 44

Recognizing the need to protect public health and safety against slipshod construction practices, governments have enacted ____________________ codes.

Question 45

When a municipality regulates a property to such an extent that it cannot be used for any purpose this is considered a taking.

Question 46

Building codes may be enacted by local governments or at the state level of government.

Question 47

____________________ laws divide land into zones (districts)and within each zone regulate the purpose for which buildings may be constructed.

Question 48

To prepare a master plan a city or regional planning commission is usually created.

Question 49

A Phase III assessment is always required to maintain a innocent landowner defense.

Question 50

A subdivider wants to limit the height to which trees can grow so as to preserve views in the neighborhood. This would most likely be done with a zoning amendment.

Question 51

When an existing structure does not conform with a new zoning law, it is "grandfathered-in" as a nonconforming use.

Question 52

The effect of a proposed development on a community is determined by the preparation of an environmental impact statement.

Question 53

When a municipality regulates a property to where it has no value or, in some cases, has no remaining economic value it is considered a ____________________.

Question 54

____________________ zoning refers to the rezoning of a small area of land in an existing neighborhood.

Question 55

A strip of land that separates one land use from another is called a ____________________ zone.

Question 56

A government-issued document that states a structure meets local zoning and building code requirements and is ready for use is called a Certificate of ____________________.

Question 57

An improvement that is inconsistent with current zoning regulations is considered a _________________________ use.

Question 58

Before a newly constructed building may be utilized by tenants, the owner must secure a certificate of inspection.

Question 59

When land previously zoned for higher-density uses is rezoned for lower-density uses it is known as ____________________.

Question 60

Minimum standards for materials and construction of buildings are set by building codes.

Question 61

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
the rezoning of a small area of land in an existing neighborhood

Question 62

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
state and local regulations pertaining to subdivisions that a subdivider must meet before selling lots

Question 63

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
a strip of land that separates one land use from another

Question 64

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
method used to change a zoning ordinance

Question 65

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
local and state laws that set minimum construction standards

Question 66

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
an improvement that is inconsistent with current zoning regulations

Question 67

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
rezoning of land from a higher-density use to lower-density use

Question 68

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
a report that contains information regarding the effects of a proposed project on the environment

Question 69

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
minimal site assessment required to qualify for the innocent landowner defense

Question 70

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
a comprehensive guide for a community's physical growth

Question 71

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
public regulations that control the specific use of land

Question 72

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
inure to owners of land that has been authorized for development as a result of planning and zoning

Question 73

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
name commonly applied to the Comprehensive Environmental Response, Compensation, and Liability Act

Question 74

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
a government-issued document stating that a structure meets zoning and building code requirements and is ready for use

Question 75

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
allows a land use that does not conform with existing zoning, provided the use is within the limitations imposed by the permit

Question 76

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
a concept wherein the municipality regulates the property to where it has no value or, in some cases, has no remaining economic value

Question 77

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
allows an individual landowner to vary from a zoning ordinance without changing the ordinance

Question 78

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
a broad term used to describe any legal restriction (such as zoning)that controls how a parcel of land may be used

Question 79

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
clauses placed in deeds and leases to control how future owners and lessees may or may not use the property

Question 80

Choose the one most appropriate answer for each.
a.amendment
k.master plan
b.buffer zone
l.nonconforming use
c.building codes
m.Phase I
d.CERCLA
n.Restrictive covenants
e.certificate of occupancy
o.Spot zoning
f.conditional use permit
p.taking
g.downzoning
q.TDRs
h.EIS or EIR
r.variance
i.land-use-control
s.windfall gains
j.mapping requirement
t.zoning laws
a new planning idea intended to eliminate windfalls and wipe-outs