Chapter 2 - Land Use Controls and Property Development Flashcards
Deed restrictions can be created by all of the following EXCEPT
- a deed
- statue
- written agreement
- a general plan of a subdivision
Statue
Restrictive covenants that run with the land…
apply to and bind all successive owners of the property
The primary intent of zoning ordinances is to
ensure the health, safety, and welfare of the community.
The condemnation of private property for public use is made possible by the right of …
eminent domain
For more than 30 years, a grocery store was located in a quiet neighborhood. Last week, the city council passed a zoning ordinance that prohibits packages food sales in the area where the grocery store is located. The store is now …
a nonconforming use
Deed restrictions could legally restrict all of the following EXCEPT
- sizes and types of structures to be built
- potential future uses of the properties
- future owners and occupants of the properties
- exterior finish and decoration of the structures
Future owners and occupants of the properties
Which of the following BEST describes the purpose of a building permit?
- The method for overriding or substantiating deed restrictions
- The municipal control over the volume of construction.
- The evidence of compliance with municipal regulations
- The method of regulating the area and size of buildings
The evidence of compliance with municipal regulations.
A residential developer’s deed restrictions would probably include all of the following EXCEPT?
- easements in gross for the installation of public utilities
- an agreement not to sell without the consent of the neighbors
- the minimum square-footage for any home to be built in the subdivision
- a reference to the use of community facilities by residents only
an agreement not to sell without the consent of the neighbors
A development company owned property that the city wanted so that it could extend the runways at the municipal airport. If the company refuses to negotiate with the city, the city may acquire the property by
-eminent domain
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 new zoning classification. However, if the plant is destroyed by fire or other hazard, the tire company…
may construct another plant in the neighborhood without first applying for a zoning variance.
If the buyers of a vacant lot build a house that violates the restrictions in their deed, the buyer may face all of the following types of enforcement EXCEPT
- forfeit the title to the property
- be sued and required to alter the structure to conform to the restrictions
- be sued and required to pay damages to the other residents in the neighborhood
- immediate eviction by the municipality under their codes
immediate eviction by the municipality under their codes.
All of the following are examples of police power EXCEPT
- zoning ordinances
- building codes
- restrictive covenants
- city planning
restrictive covenants
Before the government can exercise its right of eminent domain, the use of the property must be
a public use use for which the property owner will be fairly compensated
Legislation designed to convert zoning from residential purposes to zoning for conservation or recreational purposes…
may be found by the courts to be “taking” without the payment of just compensation to the property owner
In a widely publicized dispute, a couple refused to sell their land to the local school district. They believed that the price the school district was offering for the land was insufficient. If the school district were to pursue the matter in court, what legal proceeding would it institute to force the couple to sell their land to the district?
Condemnation
A conveyance that includes a condition controlling or limiting the use of the property conveyed is an example of
a deed restriction
Local zoning ordinances often regulate all of the following EXCEPT
- the height of buildings in an area
- the density of population
- the use of the property
- the price of the property
the price of the property
Deed restrictions are a means by which…
grantors control the future use of the ownership
An owner constructed a seven-story building. Several years later, the municipality changed the zoning ordinance, prohibiting buildings that exceed six stories. Which of the following is TRUE regarding the existing seven-story building?
- it is a nonconforming use
- the building must be demolished
- it is a conditional use
- the owner must obtain a variance
-it is a nonconforming use
Under an existing ordinance, signs placed on a building may not extend more than three feet above the highest point on the roof. An owner wants to erect a nine-foot tall revolving sign on the roof of his store. In order to legally do this, the owner must get a …
variance
Zoning ordinances normally define specific uses that will not be permitted for land lying within the municipality. Which of the following is NOT a designated use in the ordinances.
- Industrial
- Commercial
- Residential
- Rental
Rental
The purpose of bulk zoning is to
control density and avoid overcrowding.
A municipality establishes development goals through its
Comprehensive Plan
The purpose of building permits is to
ensure compliance with building codes.
Which of the following is a variance?
- An exception to a zoning ordinance
- A court order prohibiting certain activities
- A reversion of ownership
- A nullification of an easement
An exception to zoning ordinance.
The construction of a family room, additional bedroom, and extra bath has been completed on the owner’s home. Before the addition can be used, which of the following is TRUE?
- The municipality must issue a building permit
- The bath must be inspected by the plumbing inspector
- The municipality must issue an occupancy permit
- The municipality must issue a conditional use permit.
The municipality must issue an occupancy permit.
All of the following would be included as part of the development costs of a lot EXCEPT
- curbs and gutters
- the purchase price of the land
- site grading
- sanitary sewer installation
The purchase of the land.
When planning a subdivision, developers should determine the kinds of land uses that will be involved and the amounts of land that will be allocated to each use by considering…
the application of the economic principle of the highest and best use.
A subdivider or developer who fails to comply with the requirements of the Interstate Land Sales Full Disclosure Act may be…
subject to criminal penalties of fines and imprisonment.
In a new subdivision, streets, curbs, and sidewalks are usually required by the
municipality
The purchaser of a property in a planned unit development will usually receive all of the following EXCEPT
- an interest in the unit owners’ association
- a propriety lease for the unit to be occupied.
- the title to the land on which the unit is built
- a share in the control of the commonly owned elements.
a proprietary lease for the unit to be occupied.
In a new subdivision, streets, curbs, and sidewalks are usually provided by the
developer
An individual is in the business of buying large tracts of land and then reselling them to consumers in small tracts. This person is a
subdivider
When a subdivision was developed, one of the deed restrictions covering all of the properties in the subdivision set aside the back six feet of each parcel as a combination green-belt area and bicycle path. One homeowner plans to convert the back one-half of her yard into an organic garden. Her neighbors can …
go to court in an attempt to obtain injunctive relief.
According to the Interstate Land Sales Full Disclosure Act, if a property report is not given to prospective purchasers at LEAST three days before the contract is signed…
the purchasers may revoke the contract, at their option, up to midnight of the seventh calendar day following the signing of the contract.
