Chapter 20 Flashcards
A subdivision built in 1980 included covenants, conditions, and restrictions (CC&Rs) in the deeds for all properties. One covenant bans “all outdoor structures designed for the storage of equipment or as habitations for any animals.” In 2012, a resident built a tool shed and a doghouse. The neighbors took no action for six years, but in 2018 they want the shed and doghouse destroyed. Do the neighbors have any recourse?
a. Yes, they can go to court and sue for monetary damages for violating the covenant.
b. Yes, they can go to court and be awarded injunctive relief.
c. No, under the doctrine of laches, the neighbors lost the right to enforce the restriction due to their delay in asserting it.
d. No, covenants such as this are usually considered to be unenforceable restrictions on the free transfer of property.
c. No, under the doctrine of laches, the neighbors lost the right to enforce the restriction due to their delay in asserting it.
Feedback
If the neighbors were concerned, they needed to act promptly to enforce the restriction.
A state delegates zoning powers to a municipality through
a. the Interstate Land Sales Full Disclosure Act.
b. eminent domain.
c. a comprehensive plan.
d. an enabling act.
d. an enabling act.
Feedback
An enabling act is the way in which the state delegates authority to local officials to enact rules to protect the public’s health and safety.
All of these could be included in a zoning ordinance EXCEPT
a. objectives for future development of the area.
b. permissible height and style of new construction.
c. appearance of structures.
d. the maximum allowable ratio of land area to structural area.
a. objectives for future development of the area.
Feedback
a. A zoning ordinance might include restrictions for permissible height and style of new construction, appearance of structures, and the maximum allowable ratio of land area to structural area, while objectives for future development of the area might be found in a comprehensive plan.
A plat map is BEST described as
a. a detailed map that illustrates aesthetic preferences.
b. a detailed map that illustrates the geographic boundaries of individual lots.
c. a detailed map that illustrates where a variance might be allowed.
d. none of these.
b. a detailed map that illustrates the geographic boundaries of individual lots.
Feedback
b. The plat map shows the lots, blocks, sections, streets, public easements, and monuments in a prospective subdivision
A city passed a zoning ordinance that prohibits all commercial structures over 30 feet high. In order to obtain permission to build an office building that will be 45 feet high, a developer may apply for a
a. nonconforming use permit.
b. zoning permit.
c. conditional-use permit.
d. variance or zoning change.
d. variance or zoning change.
Feedback
d. Because the proposed building does not yet exist, it does not qualify for nonconforming use; a conditional-use permit is issued for a special use that meets certain standards. A variance, if granted, will permit the developer to use the property in a manner that is otherwise prohibited by the existing zoning.
A homeowner would like to operate a business in the home, but it is located in an area zoned for residential use only. What should the homeowner do?
a. Request that the zoning board declare the home to be a nonconforming use
b. Ask a court to grant an injunction against the zoning board
c. Seek a conditional-use permit from the zoning board
d. Apply to the zoning board for a variance
Seek a conditional-use permit from the zoning board
Feedback
c. A conditional-use permit might be granted in this situation if the intended use would not greatly impact the residential nature of the neighborhood.
The members of a partnership buy large tracts of vacant land, split them into smaller parcels, and build identical communities of single-family ranch-style homes surrounding a central shopping center. The partnership sells the homes to residents and leases space in the shopping center to merchants. The partnership is acting as
a. a developer only.
b. a subdivider only.
c. both a developer and a subdivider.
d. an assembler.
c. both a developer and a subdivider.
Feedback
c. Subdividers buy undeveloped acreage and divide it into smaller lots. A developer improves the land, constructs homes or other buildings, and sells them. Developing is usually more complex than subdividing.
Which of these BEST defines density zoning?
a. The mandatory use of clustering
b. The average number of units in a development
c. A restriction on the average number of houses per acre
d. A restriction on the average number of acres per parcel
c. A restriction on the average number of houses per acre
Feedback
c. Density zoning ordinances restrict the average maximum number of houses per acre that may be built within a subdivision.
Before granting a zoning variance, a zoning board of appeals must
a. hold a public hearing at which neighbors may voice their opinions.
b. conduct a door-to-door opinion survey of property owners adjacent to the proposed use.
c. check whether the landowner has been granted previous variances.
d. determine whether the proposed use will result in higher property taxes.
a. hold a public hearing at which neighbors may voice their opinions.
Feedback
Both variances and conditional-use permits can only be issued after a public hearing.
All of these are common tests of a valid zoning ordinance EXCEPT
a. clear and specific provisions.
b. anticipation of future housing needs.
c. a nondiscriminatory effect.
d. all property owners being treated in a similar manner.
b. anticipation of future housing needs.
Feedback
The comprehensive plan would seek to anticipate future housing needs.
A business owns a 2,000-acre tract of undeveloped woodland surrounding a scenic lake. The tract is divided into 106 individual lots, ranging in size from 15 acres to 100 acres. The business hires telemarketers to sell the lots to residents of the state and the three states with which it shares a common border. Based on these facts, how does the Interstate Land Sales Full Disclosure Act apply to the project?
a. The business must file a disclosure statement with HUD.
b. Because the business’s project is not fraudulent, it is exempt from the requirements of the law.
c. This development project is exempt from the law because of the lot size exemption.
d. The project is exempt from the law because it is not being marketed outside a contiguous multistate region.
a. The business must file a disclosure statement with HUD.
Feedback
a. The business must file the disclosure statement; the project is being marketed over state lines, it consists of more than 25 lots, and some lots are smaller than 25 acres.
Zoning ordinances affect all of these EXCEPT
a. lot sizes.
b. building heights.
c. style and appearance of buildings.
d. racial composition of neighborhood.
d. racial composition of neighborhood.
Feedback
d. Zoning may not affect the racial composition of the neighborhood; it must apply in a nondiscriminatory way.
A developer has included a playground and running trails between the commercial properties that border a subdivision and the houses in the subdivision. The recreational area is considered
a. aesthetic zoning.
b. a buffer zone.
c. a taking.
d. a nonconforming use.
b. a buffer zone.
Feedback
b. A buffer zone is a strip of land, such as a park, separating land dedicated to one use (commercial) from land dedicated to another use (residential).
When an area was rezoned as residential, a store was allowed to continue business. This is an example of
a. a variance.
b. nonconforming use.
c. a conditional-use permit.
d. an amendment.
b. nonconforming use.
Feedback
Because the store had been there legally before the zoning ordinance, it is permitted to continue operating, usually until its use changes or the building is destroyed.
A new structure has been completed to the satisfaction of the inspecting city engineer. What documentation must be issued before anyone can move in?
a. Appraisal report
b. Certificate of occupancy
c. Certificate of reasonable value
d. Conditional-use permit
b. Certificate of occupancy
Feedback
b. Once the completed building has been inspected and found to comply with the building codes, the municipal inspector issues a certificate of occupancy or occupancy permit.
