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Question 1
The responsibility for passing and maintaining zoning regulations generally falls to the...
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Incorrect!
Correct
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Correct Zoning laws are almost always enacted and enforced by local, and not statewide or nationwide, authorities.
Incorrect! Zoning laws are almost always enacted and enforced by local, and not statewide or nationwide, authorities.
Correct
Incorrect!
Question 2
The State of Freedonia passes a law allowing its cities to decide how and where the residential, commercial and industrial facilities within their borders should operate. The town council of Utopia, a city in Freedonia, passes a regulation, stating that a certain section of the city is reserved for commercial property, such as stores and offices, and that storefronts may not display signs that are in any colors other than black and white. Assuming that the city has no specific authorization to pass any law other than the above zoning authorization, which of the following is correct?
Correct
Incorrect!
Correct City governments derive all their authorization to govern from their state governments. Any action that is beyond the scope of state authorization is ultra vires and is invalid. In this case, Utopia had authorization to zone the usage of property but not to regulate the color of the signs
Incorrect! City governments derive all their authorization to govern from their state governments. Any action that is beyond the scope of state authorization is ultra vires and is invalid. In this case, Utopia had authorization to zone the usage of property but not to regulate the color of the signs
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Incorrect!
Correct
Incorrect!
Question 3
Utopia's zoning laws divide the city into 3 zones: industrial, commercial and residential. Mike owns a house in a residential zone in Utopia. He wants to convert his house into a pretzel factory. Can he do so?
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Incorrect!
Correct No zoning law allows someone to use property in a zone for a purpose that is more harmful to neighbors than the usage for which the property is zoned. In this case, Mike is trying to use a residentially zoned property for an industrial use. Industrial uses are considered more harmful than are residential uses.
Incorrect! No zoning law allows someone to use property in a zone for a purpose that is more harmful to neighbors than the usage for which the property is zoned. In this case, Mike is trying to use a residentially zoned property for an industrial use. Industrial uses are considered more harmful than are residential uses.
Question 4
Utopia's zoning laws divide the city into 3 zones: industrial, commercial and residential. Mike owns a factory in an industrial zone in Utopia. He wants to convert his factory into a house. Can he do so?
Correct
Incorrect!
Correct A cumulative zoning scheme will divide a city into zones and then allow a usage of property as long as the property is zoned for that usage or a usage that is less harmful to neighbors. In this case, Mike is using an industrially zoned property for a residential purpose, which is less harmful to neighbors. Therefore, he may do so. However, if Utopia uses a mutually exclusive zoning system, then only industrial uses can be made of property that is zoned for industrial use.
Incorrect! A cumulative zoning scheme will divide a city into zones and then allow a usage of property as long as the property is zoned for that usage or a usage that is less harmful to neighbors. In this case, Mike is using an industrially zoned property for a residential purpose, which is less harmful to neighbors. Therefore, he may do so. However, if Utopia uses a mutually exclusive zoning system, then only industrial uses can be made of property that is zoned for industrial use.
Correct
Incorrect!
Correct
Incorrect!
Question 5
Grant owns an adult entertainment store in downtown New Paris. One day, the New Paris City council decides that they want to turn their downtown into a more family friendly area. So, they announce that henceforth, no new adult entertainment stores will be allowed to open in the downtown area. The law provides that existing stores will be allowed to stay in business, but that they may not expand their stores beyond their current physical dimensions. Grant wants to expand his store. He sues, saying that the zoning law amounts to a taking. Is he correct?
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Incorrect!
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Incorrect!
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Correct The City in this case has a grandfather clause that allows existing businesses to be exempt from the zoning law. This inherently means that there is no taking. A forced phase out forces a business to close down within a certain period of time. This is not what is happening in this case.
Incorrect! The City in this case has a grandfather clause that allows existing businesses to be exempt from the zoning law. This inherently means that there is no taking. A forced phase out forces a business to close down within a certain period of time. This is not what is happening in this case.
Question 6
Old City, Massachusetts, has a zoning law that requires that every house maintain a front yard at least 10 feet wide and that grass be grown and maintained in this front yard. The purpose of this rule is to maintain the beauty of the city. Sneezer suffers from a severe allergy that is worst when he is around grass. He applies for a variance that would allow him to put artificial turf on his property instead of natural grass, so as to offset the seriousness of his allergy. Should the zoning board grant this variance?
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Incorrect!
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Correct Although Sneezer's request seems reasonable, the decision of whether to grant a variance lies within the discretion of the local zoning board. They will decide whether to grant the variance in each individual case. There is no law that says they must grant the variance. Even if the request is reasonable, they can deny it if they like
Incorrect! Although Sneezer's request seems reasonable, the decision of whether to grant a variance lies within the discretion of the local zoning board. They will decide whether to grant the variance in each individual case. There is no law that says they must grant the variance. Even if the request is reasonable, they can deny it if they like