PSI New Jersey Real Estate State Practice Exam

Which scenario illustrates a zoning variance?

1. A rule that all homes must be built on at least one acre

2. A developer requiring homes to have a minimum square footage

3. Exceptions made for a business to operate in a residential zone

4. A neighborhood association enforcing a uniform home color

The correct answer is: Exceptions made for a business to operate in a residential zone

A zoning variance is a specific exception to zoning regulations that allows a property owner to deviate from the established zoning laws. In this case, the scenario where exceptions are made for a business to operate in a residential zone reflects this concept. Zoning laws are designed to separate different types of land uses, such as residential, commercial, and industrial, to ensure that the community develops in an orderly fashion. However, there may be unique circumstances where a business could operate in a residential area, necessitating a variance. This process allows property owners to apply for permission to utilize their properties in a way that differs from standard zoning requirements, often based on factors like hardship or the specific characteristics of the property. The other scenarios provided do not illustrate a zoning variance. They describe general regulations or enforcement actions but do not involve the granting of exceptions to zoning rules. For instance, rules about minimum lot sizes or neighborhood association design standards are applied uniformly without the need for individual exceptions. Thus, the scenario where a business operates in a residential zone stands out as a true illustration of a zoning variance.