Real Estate Land Use & Zoning 1 — Questions and Answers
Question 1: What government power provides the legal basis for zoning regulations?
- Eminent domain
- Police power (Correct answer)
- Escheat
- Taxation power
Correct answer: Police power
Police power allows state and local governments to enact laws that protect the public's health, safety, morals, and general welfare, which includes zoning regulations.
Question 2: A property that legally existed before a zoning ordinance was enacted but does not conform to the new zoning rules is called a:
- Variance use
- Conditional use
- Nonconforming use (Correct answer)
- Special use
Correct answer: Nonconforming use
A nonconforming use is a property or land use that predates a zoning ordinance and is allowed to continue even though it no longer complies with current zoning requirements.
Question 3: A property owner requests permission to build a fence 2 feet from the property line instead of the required 5-foot setback. What must they apply for?
- A rezoning
- A variance (Correct answer)
- A conditional use permit
- An easement
Correct answer: A variance
A variance is a grant of permission to deviate from specific zoning requirements, such as setback distances, when strict compliance would cause undue hardship.
Question 4: A minimum required distance between a structure and the property line is known as a:
- Buffer zone
- Setback (Correct answer)
- Easement
- Encroachment
Correct answer: Setback
A setback is the minimum distance a building or structure must be placed from a property line, street, or other boundary as specified by zoning codes.
Question 5: Spot zoning is generally considered illegal because it:
- Applies uniform standards across a large area
- Singles out one parcel for treatment inconsistent with surrounding zoning (Correct answer)
- Requires a public hearing before approval
- Increases property values in a neighborhood
Correct answer: Singles out one parcel for treatment inconsistent with surrounding zoning
Spot zoning is typically invalid because it grants a single parcel a zoning classification inconsistent with the surrounding area without a reasonable basis, which courts view as arbitrary and discriminatory.
Question 6: Which type of zoning allows for a mix of residential and commercial uses in a coordinated development with flexible internal standards?
- Agricultural zoning
- Euclidean zoning
- Planned Unit Development (PUD) (Correct answer)
- Industrial zoning
Correct answer: Planned Unit Development (PUD)
A Planned Unit Development (PUD) allows developers to mix land uses and vary building placements within an overall plan, providing flexibility not available under standard zoning.
Question 7: A buffer zone in zoning is primarily used to:
- Increase property tax revenue for municipalities
- Separate incompatible land uses such as industrial and residential areas (Correct answer)
- Define the boundaries of a historic district
- Establish the maximum density for residential development
Correct answer: Separate incompatible land uses such as industrial and residential areas
Buffer zones are areas of land used to separate incompatible land uses, reducing conflicts between zones such as placing a park or landscaped strip between a factory and a neighborhood.
Real Estate Land Use & Zoning 1
What government power provides the legal basis for zoning regulations?