Chapter 9 Quiz Flashcards
What gives municipal governments the power to implement zoning?
A. Local ordinances
B. Eminent domain
C. Voter referendum
D. State enabling acts
D. State enabling acts confer power on municipalities to implement zoning regulations.
What is a consequence of violating a deed restriction?
A. Loss of nonconforming use status
B. Downzoning
C. Loss of ownership
D. A fine
D. Deed restrictions are clauses in a deed limiting the future uses of the property. Violations typically result in a fine. Deed restrictions may impose a variety of limitations and conditions. They may limit the density of buildings, dictate the types of structures that can be erected, prevent buildings from being used for a specific purpose, describe the color of siding or the type or shingle that must be used on a home.
The Olsons have obtained a variance from their municipality. If the Olsons sell their home, what must the new owners do?
A. Nothing
B. Apply for a conditional use permit
C. Obtain a nonconforming use permit
D. Reapply for the variance
A. A variance is a permanent deviation from the zoning ordinance that usually runs with the land.
Which of the following would be an example of a conditional use?
A. An entire area is rezoned from residential to conservancy.
B. A local hospital is allowed to have a helicopter landing pad for med flight purposes.
C. An individual is allowed to construct a sun porch that extends beyond the lot’s setback lines.
D. An area containing commercial properties has just been rezoned to residential.
B. A conditional use is a land use that the local government has decided is not necessarily well suited to all locations within a zoning district. Such use may be required to be custom-tailored to the specific site. This would occur in the helicopter landing pad example. The other land uses described within the answers are down zoning, a variance, and nonconforming use.
Which of the following is not true of a nonconforming use?
A. A nonconforming use is allowed to continue even though it may not comply with current zoning regulations.
B. The owner of the property is not allowed to transfer the nonconforming use to another party.
C. There may be limits on the amount of improvements that a property owner can make to a property.
D. Nonconforming uses are meant to eventually be eliminated.
B. A nonconforming use is a use of land or building that is not permitted by the zoning code’s use restrictions. A nonconforming use is transferable to another party provided the new party continues the existing use.
What do riparian rights govern?
A. Waters that are present only during floods or high tides
B. Navigable waterways such as rivers, streams, and lakes
C. Water rights that are separate from ownership in the land
D. Waters that are affected by tidal currents
B. Riparian rights govern navigable waters such as rivers, streams, and lakes and determine a property owner’s right to use the shoreline as well as the water for domestic, agricultural, and recreational purposes.
Which of the following is not a public land use control?
A. Deed restrictions
B. Master plan specifications
C. Environmental protection laws
D. Subdivision regulations
A. Deed restrictions are private land use controls.
Why do municipalities require building permits?
A. To promote non-residential development.
B. To ensure compliance with municipal regulations.
C. To override a deed restriction.
D. To discourage remodeling.
B. Municipalities require building permits to ensure compliance with zoning laws.
Under Wisconsin riparian law, what does a waterfront landowner own?
A. To the ordinary high water mark of a river or stream
B. The entire river or stream
C. To the edge of a river or stream
D. To the center of the river or stream
D. A property owner owns land to the ordinary high water mark on a lake and land to the center of a river or a stream.
How can a buyer determine whether a location can be used for a retail store?
A. Review the permitted uses for the area
B. Ask a licensee
C. Review the list of nonconforming permitted nonconforming uses
D. Refer to building code
A. A buyer would review an area’s permitted uses to determine whether a property could be a retail store.
If a landowner wants to use property in a manner prohibited by a local zoning ordinance, the property owner can ask for which of the following?
A. Conditional use permit
B. Variance
C. Down zoning
D. Dezoning
B. The variance will allow for a permanent deviation of zoning laws.
How do communities implement zoning laws?
A. Local ordinances
B. Zoning Boards of Appeal
C. Deed conditions
D. Deed restrictions
A. Zoning is a local issue and communities implement local zoning rules by enacting zoning ordinances.
What could result from a violation of a deed condition?
A. Destruction of all improvements
B. An injunction
C. Loss of ownership
D. A fine up to 10% of the market value
C. Violating a deed condition could result in loss of title.
