Chapter 25—Land-Use Control
MULTIPLE CHOICE
1. A licensed agent must be aware of local zoning ordinances for all of the following reasons EXCEPT
a.
zoning requirements are material facts.
b.
licensees must report zoning violations to the proper authorities.
c.
the agent must inform his principal of the effects of zoning on his property.
d.
the law of agency requires knowledge and competence regarding permitted uses of listed
property.
2. A licensed agent must be diligent to determine the existing zoning and building regulations for the
property that he wishes to sell. Which of the flowing would cause the fewest problems to the agent
and his buyer?
a.
A home, which lies two feet outside the offset line, described on the deed.
b.
A conforming business that produces such noise and odors as to be an annoyance to a
nearby neighborhood.
c.
A garage that was build by the seller without a building permit and slightly on his
neighbor’s lot.
d.
A multi-family apartment building that is a non-conforming use.
3. In the case of a contradiction between existing zoning and new deed restrictions, which would prevail?
a.
Zoning
b.
Deed restrictions
c.
Whichever is the more restrictive
d.
The least restrictive
4. The authority of government to control land use is derived from the right of
a.
escheat.
b.
eminent domain.
c.
property taxation.
d.
police power.
5. Zoning is
a.
a power originating from the sovereign state governments.
b.
exercised to regulate types of uses, use densities, subdivision requirements, and racial and
ethnic quotas.
c.
exercised by building inspectors.
d.
little used and of declining importance in real estate.
6. Local residents may best gain control over the future development of their community by paying
attention to
a.
land use covenants.
b.
eminent domain purchases by private individuals.
c.
restricting the trade of developers and real estate agents.
d.
public zoning decisions.
7. Which of the following is usually a private decision and unaffected by zoning regulations?
a.
Setback requirements
b.
Nonconforming uses
c.
Variances
d.
House color
8. Examples of zoning ordinances are
a.
condemnations.
b.
prescribed architectural design.
c.
density limitations.
d.
house color.
9. The word variance in land use applies to
a.
an open-ended use permit.
b.
loan rates which raise and lower during the term of the loan.
c.
property taxes.
d.
zoning.
10. A change in zoning for a parcel of land from single-family dwellings to apartment use requires a
a.
zoning ordinance amendment.
b.
variance.
c.
zoning release.
d.
release of deed restrictions.
11. An existing structure that would be prohibited under current zoning laws is called
a.
a restrictive zone use.
b.
a nonconforming use.
c.
an impact statement property.
d.
a land use restriction.
12. The difference between a variance and a nonconforming use is that
a.
a variance changes the permitted use; nonconforming use does not.
b.
nonconforming use changes zoning; a variance does not.
c.
the nonconforming use first occurs after the zoning changes.
d.
the variance was in effect before the zoning.
13. A landowner wishing to deviate slightly from existing zoning codes would ask for
a.
an amendment to the zoning ordinance.
b.
a variance.
c.
a new zoning ordinance.
d.
exclusion from zoning ordinances.
14. Denise applied for a permit to build a greenhouse in her back yard. Her request was denied because of
setback requirements. She appealed at a hearing before the planning board and subsequently had her
permit approved. Denise obtained
a.
a variance.
b.
an offset deed.
c.
a plat approval.
d.
an encroachment permit.
15. Kelly finds that her intended improvement, a veterinary clinic, is allowed by the zoning classification
of her land only if she gets specific approval for that single use. This is most likely an example of
a.
a nonconforming use.
b.
a variance.
c.
an illegal spot zoning.
d.
a conditional use permit.
16. When a property owner obtains permission to open a small business in a residential neighborhood, it is
an example of
a.
nonconforming use.
b.
grandfathering.
c.
down zoning.
d.
spot zoning.
17. When land that was previously zoned for higher-density use is rezoned for lower-density uses, it is
called
a.
spot zoning.
b.
buffer zoning.
c.
conditional use.
d.
down zoning.
18. When there is a space specified along each property line in a neighborhood within which no building
may be erected, it is called
a.
a sidewalk.
b.
a commercial lot.
c.
a setback.
d.
an offset.
19. A strip of land that separates one land use from another is called a
a.
buffer zone.
b.
median strip.
c.
non-use zone.
d.
restricted zone.
20. The exact layout of a subdivision is usually shown in detail on the
a.
deed.
b.
plat.
c.
plot.
d.
CC&Rs.
21. A parcel of land 330’ 1320’ was subdivided into 8 lots. How many acres were contained in each lot?
a.
.125
b.
1.25
c.
5.45
d.
8
22. An urban homeowner wishing to add a second story onto his existing home would most likely have to
a.
get the approval of the first mortgagee.
b.
get the approval of the first and second mortgagee.
c.
seek a building permit.
d.
carry enough insurance to cover the new value.
23. Without subdivision approval, a buyer of a lot will not be able to get
a.
a building permit.
b.
an environmental impact study.
c.
financing.
d.
a final approval.
24. Once the original developer is no longer involved in a subdivision, the deed restrictions are enforced
by
a.
the local police.
b.
the homeowner’s association.
c.
majority vote.
d.
zoning.
25. Good land use planning requires a long-range master plan. Which of the following is LEAST essential
for any good master plan?
a.
Physical and economic surveys of the whole subdivision
b.
Long-range continuity provisions
c.
Provisions for the eventual transition to commercial development
d.
A balance between the economic and social needs of the community
26. Environmental impact statements are prepared
a.
before development begins.
b.
during construction.
c.
upon completion of construction.
d.
by a homeowner.
27. Through zoning, a community can protect existing land users from all of the following EXCEPT
a.
encroachment by undesirable uses.
b.
uncontrolled development.
c.
incompatible uses of land.
d.
competitive business establishments.
28. Land-use controls may be imposed by
a.
state governments.
b.
local governments.
c.
subdivision developers.
d.
all of the above.
29. Zoning laws may NOT be used to regulate which of the following?
a.
The purpose for which a building may be constructed
b.
The number of persons a building may accommodate
c.
The placement of interior partitions
d.
The height and bulk of a building
30. The basic authority for zoning laws is derived from a state’s
a.
powers of eminent domain.
b.
right of taxation.
c.
both a and b.
d.
neither a nor b.
TRUE/FALSE
1. Zoning laws compensate an owner for loss of property value due to zoning.
2. Applied to land use, zoning laws may dictate construction standards for buildings.
3. A use of property that is not in agreement with present zoning laws is called a nonconforming use.
4. A use of property that is not in agreement with present zoning laws may be permitted under a so-called
“grandfather clause.”
5. Permission to use a building for a nonconforming use may be accomplished by amendment of the
zoning ordinance.
6. Permission to use a building for a nonconforming use may be accomplished by obtaining a zoning
ordinance.
7. A zoning variance allows an owner to deviate from the existing zoning law.
8. A zoning variance involves a change in the zoning law.
9. When a small area of land in an existing neighborhood is rezoned, this is known as down zoning.
10. When a garden apartment development is situated between an office park and a subdivision of single-
family residences it is known as a commercial zone.
11. Minimum standards for materials and construction of buildings are set by building codes.
12. Before a newly constructed building may be utilized by tenants, the owner must secure a certificate of
inspection.
13. Building codes may be enacted by local governments or at the state level of government.
14. A subdivider wants to limit the height to which trees can grow so as to preserve views in the
neighborhood. This would most likely be done with a zoning amendment.
15. The effect of a proposed development on a community is determined by the preparation of an
environmental impact statement.
16. An environmental impact statement should reveal the effect of a planned development on property
values.
17. When a municipality regulates a property to such an extent that it cannot be used for any purpose this
is considered a taking.
18. To prepare a master plan a city or regional planning commission is usually created.
19. A Phase III assessment is always required to maintain a innocent landowner defense.
20. When an existing structure does not conform with a new zoning law, it is “grandfathered–in” as a
nonconforming use.
COMPLETION
1. A government-issued document that states a structure meets local zoning and building code
requirements and is ready for use is called a Certificate of ____________________.
2. A comprehensive guide for the physical growth of a community is known as a
____________________ plan.
3. An improvement that is inconsistent with current zoning regulations is considered a
_________________________ use.
4. A(n) ____________________ allows an individual landowner to vary from zoning requirements.
5. ____________________ laws divide land into zones (districts) and within each zone regulate the
purpose for which buildings may be constructed.
6. ____________________ zoning refers to the rezoning of a small area of land in an existing
neighborhood.
7. When land previously zoned for higher-density uses is rezoned for lower-density uses it is known as
____________________.
8. A strip of land that separates one land use from another is called a ____________________ zone.
9. When a municipality regulates a property to where it has no value or, in some cases, has no remaining
economic value it is considered a ____________________.
10. Recognizing the need to protect public health and safety against slipshod construction practices,
governments have enacted ____________________ codes.
MATCHING
Choose the one most appropriate answer for each.
a.
amendment
k.
master plan
b.
buffer zone
l.
nonconforming use
c.
building codes
m.
Phase I
d.
CERCLA
n.
Restrictive covenants
e.
certificate of occupancy
o.
Spot zoning
f.
conditional use permit
p.
taking
g.
downzoning
q.
TDRs
h.
EIS or EIR
r.
variance
i.
land-use-control
s.
windfall gains
j.
mapping requirement
t.
zoning laws
1. a broad term used to describe any legal restriction (such as zoning) that controls how a parcel of land
may be used
2. public regulations that control the specific use of land
3. an improvement that is inconsistent with current zoning regulations
4. a comprehensive guide for a community’s physical growth
5. clauses placed in deeds and leases to control how future owners and lessees may or may not use the
property
6. a government-issued document stating that a structure meets zoning and building code requirements
and is ready for use
7. a report that contains information regarding the effects of a proposed project on the environment
8. method used to change a zoning ordinance
9. allows an individual landowner to vary from a zoning ordinance without changing the ordinance
10. the rezoning of a small area of land in an existing neighborhood
11. local and state laws that set minimum construction standards
12. a strip of land that separates one land use from another
13. rezoning of land from a higher-density use to lower-density use
14. state and local regulations pertaining to subdivisions that a subdivider must meet before selling lots
15. allows a land use that does not conform with existing zoning, provided the use is within the limitations
imposed by the permit
16. a concept wherein the municipality regulates the property to where it has no value or, in some cases,
has no remaining economic value
17. name commonly applied to the Comprehensive Environmental Response, Compensation, and Liability
Act
18. minimal site assessment required to qualify for the innocent landowner defense
19. a new planning idea intended to eliminate windfalls and wipe-outs
20. inure to owners of land that has been authorized for development as a result of planning and zoning
