Real Estate Land Use & Zoning

Question 1

What government power provides the legal basis for zoning regulations?

Accepted Answer

Police power

Answer

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:

Accepted Answer

Nonconforming use

Answer

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?

Accepted Answer

A variance

Answer

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:

Accepted Answer

Setback

Answer

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:

Accepted Answer

Singles out one parcel for treatment inconsistent with surrounding zoning

Answer

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.

Real Estate Practice Test

Real Estate Practice Test

Real Estate Land Use & Zoning