Permission to deviate from a zoning requirement due to unique hardship, without changing the underlying zoning.
Why Variance matters on the exam
This term belongs to Land Use Controls. The questions below are real items from Freehold's bank that use it - each one cites its source.
Exam questions using Variance
Every Freehold question shows why the right answer is right — and cites its source.
'Procuring cause' is a concept most often used to resolve disputes over:
Trust account shortages discovered during a routine regulatory audit of the brokerage's escrow and operating records
Property tax assessment appeals filed by an owner with the county review board
Which agent or brokerage was the primary cause of a completed sale for purposes of commission entitlement
Zoning variance applications heard by the local board of adjustment
Show answer & explanation
Which agent or brokerage was the primary cause of a completed sale for purposes of commission entitlement — Procuring cause determines which broker or agent was the effective, primary cause of bringing about a sale, which matters for allocating commission, especially in cooperating-broker disputes.
Source: PSI National Real Estate Exam Content Outline — Broker Supplement
A property owner whose oddly shaped lot cannot meet the setback requirement would apply for which form of zoning relief?
A nonconforming use permit
A spot zoning amendment
A conditional use permit
A variance
Show answer & explanation
A variance — A variance permits a deviation from a specific zoning requirement when strict enforcement would cause undue hardship because of the property's unique physical characteristics. It does not change the underlying zoning.
Source: PSI National Real Estate Exam Content Outline §2 Land Use Controls
A small grocery store lawfully operating before the area was rezoned residential may continue to operate as a:
Legal nonconforming use
A variance granted by estoppel
Conditional use
Zoning violation subject to fines
Show answer & explanation
Legal nonconforming use — A use lawfully established before a zoning change may continue as a legal nonconforming use, often called grandfathering. The protection typically ends if the use is abandoned, expanded, or destroyed.
Source: PSI National Real Estate Exam Content Outline §2 Land Use Controls
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