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Lesson 5: Public Restrictions on land

Terms in this set (30)

A conditional use permit would be most likely to allow:
a hospital to be located in a residential neighborhood

Explanation: Conditional use permits allow a limited number of special uses, such as hospitals, schools, and churches, in zones that would normally not allow these uses.
The basis for zoning and other land use control laws is:
the government's police power
eminent domain

Explanation: The police power is the basis for land use control laws, including zoning. Eminent domain is the government's power to condemn property.
Unlike general real estate taxes, special assessments are levied:
to pay for a specific improvement

Explanation: While general real estate taxes are levied every year against all taxable property, special assessments are levied against particular properties to pay for a specific improvement. A special assessment is a one-time tax.
Zoning, planning, building codes, fire ordinances, and environmental regulations are examples of the government's exercise of its inherent:
police power

Explanation: The examples in the question relate to the state's exercise of its police power.
A large property is located in an area zoned for business. A developer builds a subdivision and includes a restrictive covenant prohibiting offices. If an individual owner wants to open a real estate office, which is correct?
The owner can't open the office because of the restrictive covenant

Explanation: The owner will not be able to open the office because the restrictive covenant prohibits it. If there is a conflict between a zoning ordinance and a covenant, whichever is more restrictive will prevail.
As a general rule, a zoning law will only be considered constitutional if it:
is related to the protection of the public health, safety, morals, or general welfare

Explanation: Zoning laws, as well as other exercises of the police power, must be necessary for the protection of the public health, safety, morals, or general welfare in order to be constitutional.
Which of the following would not be considered a valid exercise of the state's police power?
A law that requires all private property owners in a neighborhood to dedicate easements across their properties for a new public utility line

Explanation: Exercises of the police power must be related to the protection of the public health, safety, morals, or general welfare. Requiring property owners to dedicate an easement for a public utility line would be an example of condemnation.
Which of the following is the best description of a zoning variance?
Permission from zoning authorities to use or build on property in a way that is not authorized by current zoning laws

Explanation: A zoning variance is also called a zoning exception. A variance usually permits a minor departure from the existing ordinance.
A zoning ordinance may:
All of the above

Explanation: Zoning ordinances divide a community into areas that are set aside for certain uses, regulate the height and size of buildings, and determine setback requirements.
A rezone is the same thing as a/an:
zoning amendment

Explanation: A rezone is a zoning amendment.
In Washington, general real estate taxes are levied against:
all real property, unless the property is specifically exempt

Explanation: All property in Washington is subject to general real estate taxes unless it is specifically exempt. For instance, property owned by the government is exempt from property taxes.
A variance usually will not be granted unless the property owner:
faces severe practical difficulties or undue hardship as a result of the zoning

Explanation: A variance is authorization to build or maintain a structure or use that is prohibited by the zoning ordinance. A variance will be granted only if the property owner faces severe practical difficulties or undue hardship as a result of the zoning.
Which of the following is a federal law that requires an environmental impact statement to be prepared under certain circumstances?
NEPA

Explanation: NEPA, the National Environmental Policy Act, requires an EIS for any government action that would have a significant impact on the environment.
Which of the following laws assigns responsibility for environmental cleanup costs?
CERCLA

Explanation: CERCLA (the Comprehensive Environmental Response, Compensation, and Liability Act) is a federal law regarding liability for environmental cleanup costs.
The central task of a planning commission is to:
design a comprehensive plan for development

Explanation: The planning commission is responsible for designing and adopting a comprehensive, long-term plan for all development within the city or county.
For zoning purposes, the distance from a lot boundary to the front wall of a building on the lot is called:
the setback

Explanation: The minimum required distance between a building and the property line is the setback requirement.
General real estate taxes are sometimes called ad valorem taxes because they are:
based on the value of the property taxed

Explanation: Ad valorem taxes are taxes that are based on the value of the property being taxed.
In Washington, a property owner is expected to pay at least the first half of the general real estate taxes by:
April 30

Explanation: The first half of the general property taxes are due on April 30; the second half is due on October 31.
The government is required to pay compensation to a property owner:
if the property is taken away by an exercise of the power of eminent domain

Explanation: The power of eminent domain is the government's power to take private property for a public purpose upon payment of the property's fair market value. Note that property cannot be condemned for a private purpose.
A religious congregation wishes to build a house of worship in an area that is zoned for residential use. The congregation should apply for a:
conditional use permit

Explanation: Conditional use permits allow a limited number of special uses, such as hospitals, schools, and churches, in zones that would normally not allow these uses.
The real estate excise tax is:
calculated as a percentage of the property's selling price

Explanation: The real estate excise tax is based on the property's selling price.
The Morrises want to build a garage on their property, but their plans don't meet the local zoning law's setback requirements. In order to build the garage, they must apply for a:
variance

Explanation: A variance will enable the Morrises to make a minor deviation from zoning requirements. It will be allowed only if the Morrises face an undue hardship because of the zoning law and if the variance will not change the neighborhood's essential character.
As a rule, which of the following would NOT be exempt from ad valorem (general property) taxes?
Vacant land

Explanation: Vacant land would enjoy no exemption.
The Washington Land Development Act applies when certain subdivision property is advertised for sale in this state:
even if the property is located in another state

Explanation: The Washington Land Development Act applies to anyone selling 26 or more unimproved lots to the public. This is true even when the land is located in another state, as long as it is promoted in Washington.
The owners of a nonconforming use are typically prohibited from:
enlarging the nonconforming use or rebuilding it if the property is destroyed

Explanation: There are certain restrictions placed on nonconforming uses, i.e., the owners cannot enlarge them, rebuild them after a fire, or resume their use after abandoning them. These restrictions are designed to gradually eliminate nonconforming uses in a way that is less harmful to the property owner.
After construction is complete, but before a tenant can move into a new facility:
a certificate of occupancy must be issued

Explanation: A certificate of occupancy is a statement issued by a local government agency verifying that a newly constructed building is in compliance with all codes and may be occupied.
Which of the following statements best describes the effect of the real estate excise tax?
The seller is required to pay the tax, but the tax will result in a lien against the buyer's property if the seller doesn't pay it

Explanation: By law, the seller is liable for the payment of the excise tax, but the unpaid tax creates a lien against the property, which is now owned by the buyer.
If the county takes private property for a public use, it is exercising its:
power of eminent domain

Explanation: Under the power of eminent domain, government agencies can take private property for a public use, upon payment of fair market value to the owner.
Before adding a room to a house, the homeowner is usually required to obtain a:
building permit

Explanation: A property owner must obtain a building permit before constructing a new building, or repairing or altering an existing building.
Special assessments levied against a property for local improvements, such as streetlights and sidewalks, are computed on the basis of:
the benefit the property receives from the improvements

Explanation: As a rule, special assessments are allocated according to the benefits each property receives, instead of the market value of the property. Thus a special assessment is not an ad valorem tax. Sometimes the allocation is based on the front footage of the lot, if the assessment is levied to pay for storm drains, curbs, and gutters.
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