Quiz for Tutorial 5

1. What is the purpose of a variance?

A. To allow property to be used in a manner that does not comply with the literal requirements of the zoning law in order to alleviate difficulties and hardships for property owners.
B. To allow property owners to enjoy the most productive and economical use of their land and increase the community's property tax revenues.
C. To authorize a particular land use that is permitted in a zoning law but imposes certain conditions on that use.
 

2. If a piece of land is zoned for a single-family residential use and the owner wishes to operate a retail business, which variance would the owner apply for?

A. Use Variance.
B. Area Variance.
 

3. If an owner wants to build an addition to his house that encroaches onto the side-yard setback area, which variance would the owner apply for?

A. Use Variance.
B. Area Variance.
 

4. When can a request for an area variance bypass the zoning enforcement officer and go directly to the zoning board of appeals?

A. Where a proposed special permit use contains features that do not conform to the area requirements in the zoning law.
B. Where a proposed site plan contains features that do not conform to the area requirements in the zoning law.
C. Where a proposed subdivision contains features that do not conform to the area requirements in the zoning law.
D. All of the above.
 

5. What interests are considered by the zoning board of appeals when granting an area variance?

A. The benefits to the applicant.
B. The detriment to the health, safety, and welfare in the neighborhood.
C. Both A and B.
 

6. Does the fact that the hardship is self-created prohibit to the granting of a use variance?

A. Yes, the applicant must meet all four statutory standards.
B. No, it is only one factor to be considered.
 

7. What is the remedy if the hardship is common to the whole neighborhood?

A. To seek a change in the zoning.
B. To request a use variance.
C. To request an area variance.
 

8. Since variances may be conditioned to avoid adverse impacts on the neighborhood, they are not subject to SEQRA, which requires local agencies to review the environmental impacts of their decisions.

A. True
B. False
 

9. What can the zoning board of appeals do to minimize any adverse impact a variance may have on the community?

A. Impose conditions.
B. Just deny the variance.
 
 

10. What situations have led courts to invalidate conditions imposed on variances?

A. No rational basis.
B. Unreasonable.
C. Not related to proposed development.
D. Vague.
E. All of the above.
 

nbr.gif (1167 bytes)CONTINUE WITH THE NEXT TUTORIAL

nbh.gif (1265 bytes)RETURN TO THE LAND USE TRAINING HOME PAGE