LAW CHP10 Flashcards
The constitutional basis for governmental regulation of the use of private property is
a. eminent domain.
b. the National Environmental Policy Act.
c. police power.
d. the zoning clause.
c. police power.
A owns some undeveloped property that is zoned for commercial use. The city later rezones that area to allow only residential use. A’s property could be used for residential purposes, but commercial development would be much more profitable. In fact, the property would be worth $500,000 for commercial development, but only $100,000 for residential development. Which statement is TRUE?
a. A has a right to develop the property commercially as a nonconforming use.
b. This zoning law is constitutional, since it does not prevent the only kind of development the property is suited for.
C. This zoning law is unconstitutional because it prevents A from putting the property to its most profitable use.
d. Zoning laws that allow only residential use of property are unconstitutional in Ohio.
b. This zoning law is constitutional, since it does not prevent the only kind of development the property is suited for.
To enact a zoning ordinance, an unchartered city in Ohio must
a. appoint a planning commission to prepare a comprehensive plan for the city.
b. appoint a zoning commissioner to prepare a zoning plan for the city.
c. get the approval of a majority of the voters in a local referendum.
d. get the approval of the state board of zoning appeals.
a. appoint a planning commission to prepare a comprehensive plan for the city.
A section of the neighborhood has recently been rezoned for residential use only. Z’s store is located in this section. He will be allowed to continue to use his property as a store. This is known as a
a. conditional use.
b. nonconforming use.
C. spot zone.
d. variance.
b. nonconforming use.
To be entitled to a use variance, a property owner ordinarily is required to show that
a. the character of the neighborhood has changed and the zoning designation is no longer appropriate.
b. none of the neighbors object to the proposed use.
C. strict application of the zoning law would cause unnecessary hardship.
d. strict application of the zoning law would prevent the most profitable use of the property.
C. strict application of the zoning law would cause unnecessary hardship.
A wealthy philanthropist owns some property that is zoned residential. He wants to donate the property for the construction of a charity hospital. Can a hospital be built on this property?
a. No, because area variances are illegal in Ohio.
b. No, because even a non-profit hospital is considered a commercial use, not a residential use.
C. Yes, because it is a nonconforming use.
d. Yes, if the zoning board or planning commission issues a conditional use permit for the project.
d. Yes, if the zoning board or planning commission issues a conditional use permit for the project.
Jowns a tract of property in an area of the city that is zoned for light industrial use. The city council rezones J’s tract for commercial use, although the surrounding properties are still zoned industrial. The zoning change enables J to build a very profitable commercial development. This is an example of a(n)
a. illegal spot zone.
b. illegal variance.
C. legitimate conditional use.
d. legitimate zoning modification.
a. illegal spot zone.
The board of township trustees has just rezoned an area of the township to allow multi-family residences to be built there. This zoning change will become law
a. as soon as it is published in a newspaper of general circulation within the township.
b. only if a 2/3 majority of the township voters approve it in the next election.
C. within 30 days, unless the board of county commissioners unanimously votes to overturn it.
d. within 30 days, unless a petition for zoning referendum is filed.
d. within 30 days, unless a petition for zoning referendum is filed.
The city just adopted a stricter electrical code. T owns a store that was in compliance with the old code but is not up to the new standards. Which statement is TRUE?
a. The new code can be applied only to new buildings, so T will not have to change his wiring.
b. State law requires T to comply with the new code within 120 days.
C. T can be required to comply with the new code only if he expands or modifies his building.
d. T may be required to comply with the new code whether or not he modifies his building.
d. T may be required to comply with the new code whether or not he modifies his building.
Under Ohio law, a local government can require the property owner to submit a plat for approval whenever a piece of property is subdivided into
a. 2 or more lots, if any of the lots is smaller than five acres.
b. 10 or more lots, if all of the lots are larger than five acres.
C. 10 or more lots, if any of the lots is larger than five acres.
d. 25 or more lots, if all of the lots are smaller than two acres.
a. 2 or more lots, if any of the lots is smaller than five acres.
NEPA requires an environmental impact statement to be prepared for certain development projects. This requirement applies only to
a. industrial projects.
b. projects built on federal land.
C. projects that would have a significant impact on the environment.
d. public projects, such as dams and highways.
C. projects that would have a significant impact on the environment.
If the wording of a restriction in a deed is ambiguous, a court usually interprets the restriction as a
a. condition rather than a covenant, because a condition can result in forfeiture of title.
b. condition rather than a covenant, because a covenant can result in forfeiture of title.
c. covenant rather than a condition, because a condition can result in forfeiture of title.
d. covenant rather than a condition, because a covenant can result in forfeiture of title.
c. covenant rather than a condition, because a condition can result in forfeiture of title.
X and Y are neighbors. Y cannot stand Spanish tile roofs, so he asks X to promise never to put a tile roof on her house. Y pays X $200 and X signs a binding agreement, but Y does not record it. Later, X sells her house to B. B can put a tile roof on the house because
a. B did not have notice of the restriction.
b. private restrictions that control the appearance of buildings are unenforceable.
c. restrictive covenants do not run with the land.
d. the tile roof will not lower the value of the neighboring property.
a. B did not have notice of the restriction.
The developer established a general plan of restrictions that applies to every home in the subdivision. This includes a provision prohibiting vegetable gardens. The owners of Lot 60 have planted corn, tomatoes, and rutabagas in their front yard. Who can enforce the restriction against the owners of Lot 60?
a. any lot owner who can see the vegetable garden from his property
b. anyone who owns a lot anywhere in the subdivision
c. only the developer or the homeowners association
d. only the next-door neighbors (the owners of Lots 59 and 61)
b. anyone who owns a lot anywhere in the subdivision
The CC&Rs for the Lowland Heights subdivision were recorded in 1954. They restrict all lots to single- family residential use. The city has grown, and Lowland Heights is now surrounded by a commercial district. The value of the homes in the subdivision has dropped sharply, but the lots would be quite valuable as commercial property. The residential use restriction
a. cannot be enforced, since the zoning allows commercial use of the lots.
b. has been terminated by abandonment.
C. is enforceable unless a majority of the homeowners vote to abandon it.
d. may no longer be enforceable, because the character of the surrounding neighborhood has changed.
d. may no longer be enforceable, because the character of the surrounding neighborhood has changed.
