Wisconsin Real Estate License Land Use Controls Questions and Answers — Questions and Answers
Question 1: A property owner in a residential-zoned area has operated a small convenience store for 30 years. The city recently rezoned the entire area to be exclusively residential. The store is now considered a 'grandfathered' use. What is the official term for the store's status, and what happens if the owner closes the business for more than 12 consecutive months?
- Conditional use; the owner must reapply for a permit to reopen.
- Variance; the status is permanent and cannot be revoked.
- Nonconforming use; the right to operate the store may be terminated. (Correct answer)
- Permitted use by exception; the owner can reopen at any time.
Correct answer: Nonconforming use; the right to operate the store may be terminated.
The store is a legal nonconforming use because it was lawfully established before the new zoning ordinance made it non-compliant. Under Wisconsin statutes, if a nonconforming use is discontinued for a period of 12 consecutive months, the right to continue that use is typically lost, and any future use must conform to the current zoning regulations.
Question 2: A developer is planning a new residential subdivision in a Wisconsin town. According to Chapter 236 of the Wisconsin Statutes, which of the following describes the general timeline for municipal review of the preliminary and final plats?
- 60 days for the preliminary plat and 90 days for the final plat.
- 90 days for the preliminary plat and 60 days for the final plat. (Correct answer)
- 30 days for the preliminary plat and 30 days for the final plat.
- 120 days for both the preliminary and final plats.
Correct answer: 90 days for the preliminary plat and 60 days for the final plat.
Wisconsin statutes generally require that the approving authorities must approve, conditionally approve, or reject a preliminary plat within 90 days of its submission. After the preliminary plat is approved, they have 60 days to approve or reject the final plat.
Question 3: Which of the following statements is true regarding Wisconsin's shoreland zoning regulations?
- They apply to all land within 500 feet of a navigable lake and 100 feet of a navigable stream.
- All buildings and structures must be set back at least 100 feet from the ordinary high water mark.
- Counties are prohibited from enacting standards more restrictive than the state minimums.
- Regulations generally apply to unincorporated lands within 1,000 feet of a navigable lake and 300 feet of a navigable river. (Correct answer)
Correct answer: Regulations generally apply to unincorporated lands within 1,000 feet of a navigable lake and 300 feet of a navigable river.
Wisconsin law requires counties to adopt and enforce shoreland zoning ordinances for unincorporated areas. These regulations apply to land within 1,000 feet of the ordinary high water mark of navigable lakes, ponds, or flowages, and within 300 feet of a navigable river or stream, or to the landward side of the floodplain, whichever distance is greater.
Question 4: A homeowner in Madison, Wisconsin wants to build a garage that will encroach 5 feet into the side-yard setback required by the local zoning ordinance. The homeowner can demonstrate that the odd shape of their lot creates a unique hardship not caused by their own actions. What should the homeowner apply for?
- A conditional use permit, because the use is not normally allowed.
- A zoning amendment, to change the rules for the entire neighborhood.
- An area variance, to get an exception from a physical dimension rule. (Correct answer)
- A spot zoning grant, to have their property uniquely rezoned.
Correct answer: An area variance, to get an exception from a physical dimension rule.
A variance is used when a property owner requests an exception to a physical requirement in a zoning ordinance, such as a setback. An 'area variance' specifically relates to dimensional requirements like setbacks, height, or lot coverage, and is granted when a hardship not created by the owner is proven.
Question 5: The State of Wisconsin needs to acquire a parcel of private property to expand a state highway. The owner does not want to sell. Under the power of eminent domain, what is the primary requirement for the government to proceed with the taking?
- Obtaining the consent of the property owners of adjacent parcels.
- Proving the owner has not made the 'highest and best use' of the land.
- Paying the owner 'just compensation' for the property. (Correct answer)
- Offering the owner a comparable replacement property in the same county.
Correct answer: Paying the owner 'just compensation' for the property.
The Fifth Amendment of the U.S. Constitution and Article I, Section 13 of the Wisconsin Constitution grant the government the power of eminent domain to take private property for public use, but explicitly require that 'just compensation' be paid to the owner. Just compensation is typically determined by the property's fair market value.
Question 6: A city planning commission is reviewing a new housing development proposal. To separate the proposed high-density residential area from an existing industrial park, the plan includes a park with extensive landscaping. This separating strip of land is best known as what?
- A setback area
- An easement by necessity
- A buffer zone
- A nonconforming use area (Correct answer)
Correct answer: A nonconforming use area
A buffer zone is a strip of land, often used for landscaping, parks, or open space, that is intentionally created to separate and screen one land use from another, such as separating a residential zone from a commercial or industrial zone, to minimize conflicts.
Wisconsin Real Estate License Land Use Controls Questions and Answers
A property owner in a residential-zoned area has operated a small convenience store for 30 years.
The city recently rezoned the entire area to be exclusively residential.
The store is now considered a 'grandfathered' use.
What is the official term for the store's status, and what happens if the owner closes the business for more than 12 consecutive months?