Arizona Real Estate Broker Exam — All Questions

A property owner cannot meet a setback because of the lot's unusual shape. Which zoning relief fits?

• a.A variance✓
• b.A conditional use permit
• c.A rezoning of the parcel
• d.A nonconforming use registration

A variance permits a departure from a dimensional standard such as setback, height or lot coverage where strict application would impose an unnecessary hardship arising from the physical characteristics of the property. A conditional use permit authorises a listed use that needs case-by-case review, a rezoning changes the district classification itself, and a nonconforming use is one that lawfully predates the current ordinance.

A lawful use predates the current zoning ordinance and no longer conforms to it. How is that use treated?

• a.As a legal nonconforming use that may generally continue✓
• b.As a use that requires a variance to continue operating
• c.As an immediate violation that must cease within a year
• d.As a use that automatically becomes conforming on sale

A use that was lawful when established but no longer complies with a later ordinance is a legal nonconforming use, often called grandfathered, and it may generally continue as it was. Ordinances typically restrict expansion, prevent a change to a different nonconforming use, and terminate the protection if the use is abandoned or a destroyed structure is not rebuilt within a set period. Selling the property does not convert the use to conforming.

Within what period must a planned community association or member deliver the resale disclosure package under A.R.S. 33-1806?

• a.Five days after receiving written notice of the pending sale
• b.Ten days after receiving written notice of the pending sale✓
• c.Twenty days after receiving written notice of the pending sale
• d.Thirty days after receiving written notice of the pending sale

A.R.S. 33-1806(A) requires delivery of the resale package within ten days after receipt of a written notice of a pending sale containing the purchaser's name and address. For planned communities with fewer than fifty units the selling member must deliver it; for fifty or more units the association must. A.R.S. 33-1260 imposes the same ten-day structure on condominiums. The package includes the bylaws, rules, declaration and a dated statement of assessments and reserves.

What must a subdivider obtain before a city, town or county may approve a subdivision plat inside an active management area?

• a.A groundwater withdrawal permit issued by the county board
• b.An adequate water supply report from the county health department
• c.A grandfathered groundwater right certificate for the acreage
• d.A certificate of assured water supply, or a commitment from a designated provider✓

A.R.S. 45-576(B) provides that a city, town or county 'may approve a subdivision plat only if the subdivider has obtained a certificate of assured water supply from the director or the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply.' Subsection A requires the same before the notice of intention is filed with the real estate commissioner. Outside active management areas, A.R.S. 45-108 applies the different adequate water supply evaluation.