Chp. 6 Land-Use Controls Exam Questions &Answers

Question 1

All of the following are variances EXCEPT:

A) A retail store in a residential neighborhood
B) An owner given permission to build into a setback
C) A fence being built to a height of 15 feet
D) A building that exceeds height limits

Answer 1

A) A retail store in a residential neighborhood.

Question 2

Restrictive covenants:

A)can be removed by a court of competent jurisdiction.
B)apply to and bind successive owners of the property.
C)are no longer effective when the title is transferred.
D)apply only until the developer has conveyed the title.

Answer 2

B) Apply to and bind successive owners of the property.

Question 3

When is a certificate of occupancy issued?

A) When an application for a variance or conditional-use permit is received
B) After a newly constructed building has been inspected and found satisfactory by the municipal inspector
C) At the time a property owner applies for a building permit
D) When the owner of multifamily residential property wishes to limit the number of individuals who may live in a single unit

Answer 3

B) After a newly constructed building has been inspected and found satisfactory by the municipal inspector

Question 4

Deed restrictions may NOT legally control or limit:
A) sizes and types of structures to be built.
B) potential future uses of the properties.
C) The race of future owners and occupants of a property.
D) exterior finish and decoration of the structures.

Answer 4

C) The race of future owners and occupants of a property.

*Deed restrictions cannot be for illegal purposes, such as for the exclusion of certain races, nationalities, or religions.

Question 5

All of the following are examples of public land-use control EXCEPT:

A) city planning requirements.
B) restrictive covenants.
C) building codes.
D) zoning ordinances.

Answer 5

B) Restrictive covenants.

Restrictive covenants are created by private entities and are separate from, and in addition to, those controls exercised by the government.

Question 6

The purpose of a building code is to:

A) make sure buildings are structurally safe .
B) maintain municipal control over the volume of building.
C) show compliance with restrictive covenants.
D) assert a deed’s restrictive covenant.

Answer 6

A) make sure buildings are structurally safe.

Building codes are used to make sure building are structurally sound and safe.

Question 7

The purpose of building permits is to:

A)control the activities of building inspectors.
B)generate revenue for the municipality.
C)ensure compliance with building codes.
D)prevent encroachments.

Answer 7

C) Ensure compliance with building codes.

Through the permit requirement, municipal officials are made aware of new construction and alterations and can verify compliance with building codes.

Question 8

A wooded area with biking and hiking trails is situated between old cotton mills and a housing development. This area is considered a:

A) utility easement.
B) buffer zone.
C) variance to the existing zoning.
D) designated park required under federal guidelines.

Answer 8

B) Buffer Zone

Buffer zones, such as parks, are used by municipalities to screen residential areas from nonresidential zones.

Question 9

Zoning ordinances normally define specific uses for land that are permitted within a municipality. All of the following are designated uses in such ordinances EXCEPT
A) residential.
B) commercial.
C) rental.
D) industrial.

Answer 9

C) Rental

Zoning ordinances have traditionally classified land use into residential, commercial, industrial, and agricultural and do not include rental as one of the classifications.

Question 10

A subdivision declaration reads, “No property within this subdivision may be further subdivided for sale or otherwise, and no property may be used for other than single-family housing.” This is an example of:

A)a restrictive covenant.
B)a conditional-use clause.
C)R-1 zoning.
D)an illegal reverter clause.

Answer 10

A) a restrictive covenant.

A limitation placed on the entire subdivision by its developer and recorded with the plat of subdivision. It is an example of private land-use control.

Question 11

A map illustrating the sizes and locations of streets and lots in a subdivision is called a:

A) survey.
B) plat of subdivision.
C) gridiron plan.
D) property report.

Answer 11

B) Plat of subdivision.

A plat is a map. A subdivision plat is a map of a subdivision showing at least those details required by local subdivision regulations.

Question 12

What is NOT included in public land-use controls?

A) Environmental protection laws
B) Subdivision regulations
C) Restrictive covenants
D) Comprehensive plan specifications

Answer 12

C) Restrictive covenants

Restrictive covenants are private, not public land-use controls.

Question 13

When planning a subdivision, developer Jamal should determine the kinds of land uses to be involved and the amounts of land to be allocated to each use by considering:

A) which are the most profitable types of buildings to construct.
B) what he considers an ideal development.
C) the customs of the area and what other developers have already done.
D) the comprehensive plan of the local government.

Answer 13

D) the comprehensive plan of the local government.

Before the actual subdividing can begin, the subdivider must go through the process of land planning. The resulting land development plan must comply with the municipality’s comprehensive plan.

Question 14

A tire company has a manufacturing plant located in an area that has just been rezoned for residential use. The company is allowed to continue operating the plant under the new zoning classification as a nonconforming use. However, if the plant is destroyed by fire or other hazard, the tire company MOST likely:

A) could rebuild the plant in that neighborhood by applying for a zoning variance.
B) could construct another plant without the residents’ consent as long as the homeowners’ association approves it.
C) could construct another plant by obtaining the consent of the residents then living in the neighborhood.
D) would be forbidden to rebuild the plant in that neighborhood under any circumstances.

Answer 14

D) would be forbidden to rebuild the plant in that neighborhood under any circumstances.

Under nonconforming use, if the improvement is destroyed or torn down, then rebuilding is usually prohibited.

Question 15

Sally applies to the municipality for permission to open an adult day-care facility in his neighborhood. He may be granted a(n):

A) nonconforming use permit.
B) conditional-use permit.
C) variance.
D) amendment to the zoning ordinance

Answer 15

B) conditional-use permit.

A conditional-use permit usually is granted to a property owner to allow a special use of property that is defined as an allowable conditional use within that zone.

Question 16

Under its police powers, a municipality may regulate all of the following about housing in a development EXCEPT:

A) lot sizes.
B) restrictive covenants.
C) type of structure.
D) building heights.

Answer 16

B) restrictive covenants.

Restrictive covenants are private controls of land use, not public controls.

Question 17

A landowner who wants to use property in a manner that is prohibited by a local zoning ordinance but that would benefit the community can apply for which of the following?:

A) Occupancy permit
B) Conditional-use permit
C) Property dedication
D) Prescriptive easement

Answer 17

B) Conditional-use permit

Conditional use is based on the benefit to the community despite deviation from zoning.

Question 18

Under an existing ordinance, no signs that extend more than three feet above the highest point of a roof may be placed on any building. An owner wants to erect a nine-foot-high revolving sign on the roof of his store. In order to do this legally, the owner must get a:

Answer 18

D) Variance.

A variance permits a landowner to use the property in a manner that is strictly prohibited by the existing zoning,

Question 19

All of the following are legal deed restrictions EXCEPT:

A) activities that are not to be conducted at the site.
B) types of buildings that may be constructed.
C) the minimum size of buildings to be constructed.
D) allowable ethnic origins of purchasers

Answer 19

.D) allowable ethnic origins of purchasers.

No deed restrictions may limit ownership or occupancy based on an individual’s ethnic origin.

Question 20

To determine whether a location can be put to future use as a retail store, you would examine the:

A) building code.
B) list of permitted nonconforming uses.
C) zoning ordinance or codes
D) housing code.

Answer 20

C) zoning ordinance or codes

Zoning ordinances deal with the uses to which properties in various parts of the jurisdiction can be put.

Question 21

The primary intent of zoning ordinances is to:

A) ensure that proposed land uses conform with the master plan.
B) limit the amount and types of businesses in a given area.
C) protect residential neighborhoods from commercial encroachment.
D) demonstrate the police power of the state.

Answer 21

A) ensure that proposed land uses conform with the master plan.

Zoning ordinances are local laws that implement the comprehensive (master) plan and regulate and control use of land and structures within designated land-use districts.

Question 22

A town prohibits a developer from building more than five houses per acre in a subdivision. This restriction is called:

A) a variance.
B) curvilinear.
C) density zoning.
D) cluster building.

Answer 22

C) density zoning.

Density zoning ordinances restrict the average maximum number of houses per acre that may be built within a particular subdivision.

Question 23

A municipality establishes development goals that are often used to control growth in its:

A) comprehensive plan.
B) restrictive covenants.
C) environmental regulations.
D) subdivision regulations.

Answer 23

A) comprehensive plan.

Local governments establish development goals by creating a comprehensive plan, which is also known as a master plan.

Question 24

Deed restrictions are created by all of the following EXCEPT:

A) written agreement.
B) deed.
C) statute.
D) general plan of a subdivision.

Answer 24

C) statute.

Deed restrictions are private restrictions and are separate from and in addition to land-use controls exercised by the government.

Question 25

The construction of a family room, additional bedroom, and extra bath has been completed on the owner’s home. Before the addition can be used, which of the following is TRUE?

A) The municipality must issue a building permit.
B) A certificate of occupancy must be issued.
C) The bath must be inspected by the plumbing inspector.
D) The municipality must issue a conditional-use permit.

Answer 25

B) A certificate of occupancy must be issued.

Once the completed structure has been inspected and found satisfactory, the municipal inspector issues a certificate of occupancy or an occupancy permit.

Question 26

Latrice has operated a neighborhood grocery store for the last 30 years. Her store is the only retail property in the area which is residential per zoning. The store is an example of a(n):

A) nonconforming use.
B) variance of the zoning laws.
C) illegal enterprise.
D) violation of the zoning laws.

Answer 26

A) nonconforming use.

If a lot or an improvement does not conform to the zoning use because it existed before the enactment of the ordinance, it may be allowed to continue legally under certain restrictions.

Question 27

The town of East Westchester enacts a new zoning code. Under the new code, commercial buildings are not permitted within 1,000 feet of Lake Westchester. A commercial building that is permitted to continue in its former use, even though it is built on the lakeshore, is an example of a(n):

A) adverse possession.
B) special use.
C) nonconforming use.
D) variance.

Answer 27

C) nonconforming use.

Nonconforming use grandfathers in those uses that were going on before certain zoning restrictions were enacted that forbid them. They are allowed to continue for various lengths of time and with limited right of transfer to later buyers.

Question 28

A landowner constructed a building seven stories high. Several years later, the municipality changed the zoning ordinance, prohibiting buildings that exceed six stories in height. Which of the following is TRUE regarding the existing seven-story building?

A)It is a nonconforming use.
B)The building must be demolished.
C)It is a conditional use.
D) The owner must obtain a variance.

Answer 28

A) It is a nonconforming use.

A building that existed prior to the current zoning ordinance may be allowed to continue legally with some restrictions.