FREE Wisconsin Real Estate License Land Use Controls Questions and Answers

Question 1

A small grocery store has legally operated in a neighborhood for 40 years. The city recently rezoned the entire area for single-family residential use only. What is the MOST likely legal status of the grocery store?

Accepted Answer

It is a legal nonconforming use and can continue to operate, subject to certain limitations.

Answer

A nonconforming use is a property use that was legally established before a change in zoning regulations but no longer complies with the new rules. Generally, these 'grandfathered' uses are allowed to continue, but they may face restrictions on expansion, rebuilding if destroyed, or changing to another nonconforming use.

Question 2

Zoning ordinances, building codes, and subdivision regulations are enacted by local governments under which inherent power of the state?

Accepted Answer

Police Power

Answer

Police power is the government's inherent authority to create and enforce regulations to protect the public's health, safety, and general welfare. Land use controls like zoning are a primary application of this power.

Question 3

A property owner has an unusually narrow lot that makes it impossible to build a home that meets the city's mandatory 15-foot side yard setbacks. To receive a legal exception allowing them to build closer to the side lot line, the owner's best course of action is to apply for a:

Accepted Answer

Zoning Variance

Answer

A zoning variance provides relief from the specific terms of a zoning ordinance when, due to the property's unique physical characteristics, a literal enforcement of the ordinance would result in an unnecessary hardship. An oddly shaped lot preventing compliance with setback rules is a classic example of a situation where an area variance would be sought.

Question 4

The State of Wisconsin needs to acquire privately owned property to construct a new public highway. This right of the government to take private property for public use is known as eminent domain. What is a constitutional requirement for the government to exercise this power?

Accepted Answer

Paying the property owner just compensation.

Answer

The Fifth Amendment of the U.S. Constitution and Article I, Section 13 of the Wisconsin Constitution require that when the government exercises its power of eminent domain, it must pay "just compensation" to the owner of the property being taken. Just compensation is typically determined to be the property's fair market value.

Question 5

Which of the following is an example of a private land use control?

Accepted Answer

A restrictive covenant in a deed

Answer

Restrictive covenants, also known as deed restrictions, are created by private entities (such as a developer or a previous owner) and are included in the deed to limit the use of the property. The other options—plat approval, building codes, and zoning—are all forms of public land use control exercised by government bodies.

Wisconsin Real Estate License Practice Test

Wisconsin Real Estate License Practice Test

FREE Wisconsin Real Estate License Land Use Controls Questions and Answers