Chapter 05: Land Use Controls Flashcards
Deed restrictions can be created by all of the following, EXCEPT:
A. deeds
B. statutes
C. written agreements
D. general plans of a subdivision
B. statutes
(Deed restrictions can come from individual deeds (such as a defeasible fee) from written agreements (such as homeowner’s covenants, conditions and restrictions) or from the general plans of a subdivision such as the HOA protective covenants. They are not created by statute and are not regulated or enforced by government bodies)
The primary intent of a zoning ordinance is to:
A. ensure the health, safety and welfare of the community
B. generate revenue for the issuance of building permits
C. limit the amount and types of businesses in a given area
D. limit encroachments created on adjacent properties
A. ensure the health, safety and welfare of the community
(Zoning and public use restrictions are part of the police power. The police power is the government’s ability to regulate for the health, safety and welfare of the public)
Julie and Janelle Enterprises just purchased a vacant lot next to their dress shop. The new owners want to expand their business and hired an architect to draw up plans for the expansion. The plans extend the addition two feet beyond the setback requirements for that location. To construct the building legally, the owners must obtain a:
A. nonconforming use permit
B. license
C. variance
D. permit issued by state
C. variance
(A variance usually issued by a Board of Adjustment provides a property owner relief from government restrictions such as zoning which can include setback requirements)
Which of the following statements is correct regarding the Interstate Land Sales Full Disclosure Act? A. This act applies to the sale and lease of unimproved land. B. If a development contains 25 or more lots, the developer must furnish to a prospective buyer a property report. C. The property report must be given to the prospective purchaser prior to signing a lease or sales contract.
A. A and B
B. C only
C. A, B and C
D. None of the above
C. A, B and C
A tire company has a manufacturing plant located in an area that has just been rezoned for residential use. The company is allowed to continue operating the plant under the new zoning classification. This would be an example of:
A. legal nonconforming use
B. conforming use
C. illegal use
D. application of spot zoning
A. legal nonconforming use
(If a property previously complied with zoning requirements and the zoning is changed, the owner will generally be allowed to continue that use as a legal non-conforming use or “grandfathered” use. The owner does not have to take any action or obtain a variance in order to be able to do this)
Which of the follow is an example of aesthetic zoning?
A. Set-Back Requirement from street
B. a greenway
C. spot zoning
D. conditional use
B. a greenway
(A greenway is an example of aesthetic zoning for appearance, styles, colors and design of buildings and areas)
A city issued a building permit to a homeowner for the addition of a family room and additional bedroom with a full bath. Before the addition can be used as part of a dwelling:
A. no further permission from the city is needed
B. the adjacent neighbors must give written consent for the addition
C. the municipality must issue an occupancy permit
D. the municipality must finalize a special-use permit
C. the municipality must issue an occupancy permit
(A certificate of occupancy is the last stage in any building or permit process. It verifies that the construction or improvements have been completed according to plans and permits and that the structure is habitable)
Which of the following is true regarding “streets” in a subdivision? I. Real estate agents must disclose to buyers whether new subdivision streets will be public prior to the selling or conveying of a lot pursuant to NC disclosure laws. II. Purchasers must be informed of who has responsibility for maintaining the streets.
A. I only
B. II only
C. Both I and II
D. Neither I nor II
C. Both I and II
(In new subdivisions where streets have been created the prospective purchasers must be informed as to whether the streets are public or private and who has the responsibility for maintaining the streets)
The enforcement of zoning requirements occurs by:
A. local homeowners’ associations
B. local municipalities through the Enabling Act
C. the NC Department of Transportation
D. local homeowners’ associations
B. local municipalities through the Enabling Act
(There is no statewide zoning requirements in North Carolina. Zoning requirements are left up to local municipalities under the NC Enabling Act)
A comprehensive municipal master plan addresses all of the following items, EXCEPT:
A. zoning
B. public facilities
C. restrictive covenants
D. transportation and conservation
C. restrictive covenants
(Restrictive covenants are private agreements between groups of homeowners. They are typically created by the developer or HOA and are not drafted or created by the government so they would not appear in a city’s master plan)
Cluster zoning that creates mixed-use areas has the primary benefit of:
A. allowing areas to expand rapidly
B. maximizing open space within developments
C. controlling the growth of neighborhoods
D. keeping all like properties in similar areas
B. maximizing open space within developments
(Cluster zoning, also referred to a mixed use zoning, allows several types of zoning in a given area. Examples would be PUD’s (Planned Use Developments) and MUD’s (Mixed Use Developments). Allowing different types of zoning creates more open space by concentrating development)
A manufactured home park is located in an area that has been rezoned in a manner that now prohibits such use of the land. Which of the following best describes the status of the manufactured home park after the rezoning?
A. It will have to be removed since it now constitutes an illegal use.
B. It may be allowed to remain in existence as a non-conforming illegal use.
C. It may be allowed to remain in existence as a grandfathered use.
D. The municipality can now remove the park as a “nuisance”.
C. It may be allowed to remain in existence as a grandfathered use.
(The correct phrase is legal non-conforming use or grandfathered use and the park is permitted to remain)
Devin is considering buying a property that is located near a major intercoastal waterway. The area has never been flooded, and the seller of the property has informed Devin that they have never had to obtain flood insurance on the property. The BEST course of action for Devin during the process of purchasing the property would be to:
A. Research the property’s history with the NC Department of Natural Resources.
B. Obtain a formal flood certification from FEMA based on the Army Corps of Engineers maps.
C. Get written verification from the seller regarding the property’s history.
D. Rely on the advice of his insurance professional regarding any flooding hazards.
B. Obtain a formal flood certification from FEMA based on the Army Corps of Engineers maps.
(Flood certifications are required on property prior to the placement of a mortgage loan. The flood certification comes from FEMA and is not based on local or state maps, but FEMA maps created by the Army Corps of Engineers. Buyers should not rely on representations by the seller or others. The best course of action is to obtain a flood certification)
