Discuss Real Estate Licensing New Jersey Real Estate Salesperson Exam Topic 1 Question 1

Prospective buyers for a house want to operate a recycling center in their backyard. Local zoning laws do not allow this. What do they need to do first?

AObtain a building permit.

BObtain a modification to the local master plan.

CObtain a variance or special exception.

DFile an appeal with the local court.

Suggested Answer: C

Under New Jersey Municipal Land Use Law and the NJ Real Estate Salesperson study guide (Chapter on Land Use Regulations), when zoning ordinances restrict a particular use, the property owner or prospective buyer must request relief from the zoning board. The proper relief mechanism is a variance (sometimes called a special exception or conditional use permit).

A building permit (A) only allows construction according to existing zoning. It does not authorize a prohibited use.

A modification to the master plan (B) is a legislative act by the planning board/municipality and not the immediate remedy for individual property owners.

An appeal with the local court (D) may come later if denied, but the first step is to apply to the zoning board for a variance.

Therefore, the correct choice is C: obtain a variance or special exception.

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31 comments · newest first

Mattie 7 months ago

True, better to follow the rules to avoid issues later.

Loreen 7 months ago

Negotiation could work, but legally, they need a variance.

Anna 8 months ago

What if they just try to negotiate with the city?

Oren 8 months ago

I agree, C is the best choice. It’s more straightforward.

Hayley 8 months ago

An appeal could take too long. Variance is faster.

Ciara 8 months ago

I feel like they should appeal first. But that’s risky.

Loreen 8 months ago

Yeah, a variance makes sense. Zoning laws are strict.

Kate 8 months ago

I thought appeals were for when you disagree with a decision, not for starting a project.

Annelle 9 months ago

Wait, can they really just change the zoning like that?

Alexia 9 months ago

Actually, a modification to the master plan might be needed too.

Jamika 9 months ago

I practiced a question similar to this, and I think obtaining a building permit is usually for construction, not for zoning issues like this.

Leonida 9 months ago

I feel like filing an appeal with the local court is too drastic for this situation. They probably need to start with a variance.

Jackie 9 months ago

I remember something about zoning laws from class, and I think a modification to the local master plan could be necessary, but it seems like a longer route.

Arlen 9 months ago

I think they might need to obtain a variance or special exception, but I'm not entirely sure how that process works.

Mattie 10 months ago

This is tricky! I think they need a variance.

Darnell 10 months ago

Totally agree, that's the right move!

Virgina 10 months ago

They need to get a variance or special exception.

Javier 10 months ago

Definitely C. It allows exceptions for unique cases.

Curtis 11 months ago

Haha, good luck trying to get the local government to change the master plan just for a backyard recycling center.

Chuck 11 months ago

D) File an appeal with the local court? Really? That's just going to cause more trouble.

Willodean 11 months ago

I agree, the local zoning laws are clear, so they'll need to get an exception to operate the recycling center.

Earleen 11 months ago

C) Obtain a variance or special exception seems like the right move here.

Glory 12 months ago

Hmm, this is a tricky one. I'm leaning towards C, but I'm not 100% sure. I think filing an appeal might be an option too, but that seems like it could be more complicated. I'll have to think this through carefully.

Sharan 12 months ago

I'm pretty confident the answer is C. The question states that the zoning laws don't allow this, so they'll need to get a special exception or variance to operate the recycling center. The other options don't seem like they would work in this situation.

Nguyet 12 months ago

Okay, let me think this through. Since the zoning laws prohibit this, they can't just get a building permit. Modifying the master plan seems like it would be a long process. I'm thinking C is the best option - they need to get a variance or special exception to the zoning rules.

Haley 1 year ago

I'm not sure about this one. The zoning laws don't allow it, so I'm not sure if a building permit or modifying the master plan would work. Maybe filing an appeal is an option?

Stevie 1 year ago

I think the answer is C. They need to get a variance or special exception to the zoning laws in order to operate the recycling center.

Fatima 6 months ago

↳ replying to Stevie

A special exception sounds like the best option!

Yuette 6 months ago

↳ replying to Stevie

They should check the local regulations first.

Jenelle 7 months ago

↳ replying to Stevie

I agree, a variance seems like the right move.

Claudio 10 months ago

↳ replying to Stevie

Definitely! Zoning laws can be tricky.

Real Estate Licensing New Jersey Real Estate Salesperson Exam - Topic 1 Question 1 Discussion