Real Estate Sales Exam Land Use, Zoning, and Environmental Issues 1 — Questions and Answers
Question 1: Which government power allows a municipality to regulate land use through zoning ordinances?
- Eminent domain
- Police power (Correct answer)
- Taxation
- Escheat
Correct answer: Police power
Police power is the authority of local governments to enact and enforce zoning ordinances to promote public health, safety, and welfare.
Question 2: A property has been used as a gas station for 20 years. When the area is rezoned to residential, the gas station may continue to operate as a:
- Variance
- Special exception
- Nonconforming use (Correct answer)
- Conditional use
Correct answer: Nonconforming use
A nonconforming use legally existed before a zoning change and is allowed to continue even though it no longer meets current zoning requirements.
Question 3: Which principle describes the use of land that will produce the highest net return over a given period of time and is legally permissible, physically possible, and financially feasible?
- Plottage
- Highest and best use (Correct answer)
- Contribution
- Anticipation
Correct answer: Highest and best use
Highest and best use is the legally permissible, physically possible, financially feasible, and maximally productive use that yields the greatest value.
Question 4: The government takes private property for a new highway and pays the owner fair market value. This is an example of:
- Escheat
- Police power
- Eminent domain (Correct answer)
- Taxation
Correct answer: Eminent domain
Eminent domain is the government's constitutional right to take private property for public use upon payment of just compensation.
Question 5: A zoning regulation requiring buildings to be located at least 25 feet from the front property line is known as a:
- Buffer zone
- Setback requirement (Correct answer)
- Variance
- Floor area ratio
Correct answer: Setback requirement
A setback requirement specifies the minimum distance a structure must be located from the property line, street, or other boundary.
Question 6: When a municipality zones a single parcel differently from all surrounding properties in a way that benefits only that parcel, this is called:
- Variance
- Spot zoning (Correct answer)
- Conditional rezoning
- Euclidean zoning
Correct answer: Spot zoning
Spot zoning occurs when one parcel is zoned differently from surrounding properties in a way that benefits only that parcel without serving the general community interest.
Question 7: A property owner wants to operate a daycare center in a residentially-zoned neighborhood. They would most likely need a:
- Variance
- Conditional use permit (Correct answer)
- Nonconforming use certificate
- Rezoning approval
Correct answer: Conditional use permit
A conditional use permit (special use permit) allows a use that is not normally permitted in a zone but may be allowed subject to specific conditions and additional review.
Real Estate Sales Exam Land Use, Zoning, and Environmental Issues 1
Which government power allows a municipality to regulate land use through zoning ordinances?