ZBA Basics (Quiz for Recorded Webinar)

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Email *

Your Name (as you would like it to appear on the certificate of attendance) *

1. The ZBA has the authority to: *

10 points

Make zoning decisions when there is no zoning law in place.

Keep zoning restrictions from being overly rigid.

Serve an executive function to enact new zoning regulations.

Issue a Stop Work Order.

2. What is required, pursuant to Open Meetings Law, prior to and after holding a ZBA meeting? *

10 points

Give notice to the public of the time of the meeting.

Give notice to the public of the location of the meeting.

Ensure that a record of all actions taken during the meeting are publicly available.

All the above.

3. Who has legal standing to bring an appeal to the ZBA? *

10 points

An applicant for land use approval, a neighbor who could be harmed by the decision, and any municipal public official.

An applicant for land use approval, any business in the community, and any neighbor in the community.

An applicant for land use approval, a county or state official, and the town mayor or supervisor.

An applicant for land use approval, the Zoning Enforcement Officer, and any neighbor in the community.

4. True or False: A public hearing is required before the ZBA may grant a variance, rule on an appeal, or decide any other matter. *

10 points

True

False

5. What type of information would be best for the ZBA to use when asked to do an interpretation by a resident who believes that the Zoning Enforcement Officer wrongly denied a proposal? *

10 points

A full report from the Zoning Enforcement Officer, how a neighboring municipality decided a similar case, and Facebook comments on your post asking the public to weigh in.

Testimonies and discussion of the ZBA members alone.

Its past decisions on similar matters, minutes from the town or village board’s meeting when zoning regulations were adopted, commonly used definitions or glossaries, and testimonies.

A full report from the Zoning Enforcement Officer and a copy of the local zoning regulations.

6. True or false: Variances are granted to the owner not the property. *

10 points

True

False

7. Which of the following zoning restrictions can be addressed in a request for an area variance? *

10 points

Setback requirements

Height restrictions

Lot coverage maximums

All of the above

8. Select the five factors that should be carefully considered when deciding on an area variance case? *

10 points

A. Effect on neighborhood character

B. Impact on housing values

C. How substantial the request is

D. What the effect granting the variance may have on the environment

E. Whether the difficulty necessitating the area variance is self-created

F. Neighbors emotional response to the request

G. Whether there is an alternative solution that wouldn’t require a variance

Required

9. True or false: In order for the ZBA to grant a use variance, the applicant must meet ALL use variance standard criteria: 1) The applicant must prove that the property is unable to achieve a reasonable return for any use allowed in that zoning district; 2) The applicant must prove that unique circumstances apply to the property for which the variance is requested; 3) The applicant must prove that the hardship is not self-created; and 4) The applicant must prove that the essential character of the neighborhood will not be altered if the use variance is granted. *

10 points

True

False

10. What is an appropriate example of a hardship that was not self-created in a use variance case, and thus would pass the “prove-hardship-is-not-self-created" test? *

10 points

The applicant did not know that the zoning law prohibited a particular use for the property that they bought.

The applicant converts their garage into a full tire servicing operation—including new hydraulic lifts—in a zone where it is prohibited, and they figure in the cost of the remodel into their argument of economic hardship.

The applicant bought a sand and gravel mine to use as such in a commercial district where it is prohibited, which had an existing, unexpired use variance.

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