Before you read
Test yourself first: 5 questions
Question 1 of 5
A use that legally existed before a new zoning law and is allowed to continue is a:
Answer: A. A legal nonconforming use predates the zoning change and may continue, though rebuilding/expansion is often restricted.
Question 2 of 5
Private restrictions on land use recorded in a subdivision's documents are called:
Answer: A. CC&Rs (covenants, conditions & restrictions) are PRIVATE restrictions recorded by a developer/HOA. Zoning and building codes are PUBLIC (police power).
Question 3 of 5
A variance is:
Answer: A. A variance lets an owner use property in a way that departs from zoning rules, typically due to hardship, after board approval.
Question 4 of 5
Zoning that regulates building height, setbacks, and lot coverage is an exercise of:
Answer: A. Zoning is police power — regulating land use for public health, safety, and welfare without compensating owners.
Question 5 of 5
A homeowner who owns property in fee simple absolute finds that local zoning, building codes, and taxation still apply. What does this demonstrate about fee simple ownership?
Answer: B. Fee simple absolute is the most complete ownership, but all private property remains subject to the four governmental powers (police power, eminent domain, taxation, and escheat).
Keep the streak going with more questions like these, each with a full rationale.
What you need to know
A VARIANCE is permission to deviate because strict compliance causes unique hardship (an odd lot that can't meet setbacks). A CONDITIONAL/SPECIAL USE permit allows a compatible exception, like a church in a residential zone. A NONCONFORMING use predates the zoning change and may continue ('grandfathered') but typically can't be expanded or rebuilt after major destruction. Spot zoning that favors one parcel arbitrarily is illegal. If regulation goes so far it destroys all value, it becomes a 'taking' requiring compensation.
Zoning, Variances & Nonconforming Use: FAQs
Is Zoning, Variances & Nonconforming Use on the real estate exam?
Yes. Property Ownership & Land Use is a scored domain on the real estate licensing exam, and this topic appears in the national portion.
Is this cheat sheet free?
Yes — every page on Cinna RE's resource library is free to read, print and share. The app adds practice questions, mock exams and a readiness score.
