Chapter 5

Question 1

a change or modification of a zoning ordinance by local legislative authority

Answer 1

Amendment

Question 2

public controls regulating construction that establish minimum construction standards

Answer 2

Building Codes

Question 3

given when final inspection is passed, allowing occupancy of the structure

Answer 3

Certificate of Occupancy

Question 4

a form of zoning provided for several types of land use within a zoned area

Answer 4

Cluster Zoning

Question 5

a promise in writing, a provision in a deed. Private land use controls. Limitations on land use binding on all property owners.

Answer 5

Covenants, Conditions, & Restrictions

Question 6

state gives land use controls authority to counties, cities, and local municipalities

Answer 6

NC Enabling Act

Question 7

city land control that extends beyond city limits

Answer 7

Extra-territorial Jurisdictions (ETJs)

Question 8

land use that does NOT comply with zoning

Answer 8

Illegal Use

Question 9

court ordered prohibition against particular act; order to cease activity

Answer 9

Injunction

Question 10

federal law that protects consumers from fraud/abusive marketing practices in sale/lease of land across state lines

Answer 10

Interstate Land Sales Full Disclosure Act

Question 11

provides orderly growth of a community, results in greatest social & economic benefits to people of the community

Answer 11

Master Plan

Question 12

promises on the part of the purchasers of property to limit use of their property to comply with restrictive covenants

Answer 12

Negative Covenants/Easements

Question 13

grandfathered land use, using prior zoning ordinance

Answer 13

Nonconforming Use

Question 14

one zoning over one or more zoning areas (flood zones, historic districts)

Answer 14

Overlay District

Question 15

cluster zoning

Answer 15

Planned Unit Developments (PUDs)

Question 16

non-public land use controls; restrictive covenants

Answer 16

Private Land Use Controls

Question 17

disclosure required under Interstate Land Sales Disclosure Act

Answer 17

Property Report

Question 18

regulation of land use by the government via Police Powers

Answer 18

Public Land Use Controls

Question 19

transfers with sale or transfer of title always

Answer 19

Runs with the Land

Question 20

distance from the street, property line, or other buildings

Answer 20

Setback

Question 21

exception; land use built into zoning ordinance

Answer 21

Special Use

Question 22

land use that applies to just one property in a zoning area; illegal

Answer 22

Spot Zoning

Question 23

discloses information that the developer must filed with HUD before offering unimproved lots on interstate commerce

Answer 23

Statement of Record

Question 24

in reference to a septic system, this is water waste in the yard

Answer 24

Straight-piping

Question 25

division of land/parcels into two or more lots

Answer 25

Subdivision

Question 26

public control of development of residential subdivisions

Answer 26

Subdivision Regulations/Ordinances

Question 27

the permitted deviation from a zoning ordinance because of a special hardship to a property owner

Answer 27

Variance

Question 28

a statement setting forth the type of land use permitted under each zoning classification and specific requirements for compliance

Answer 28

Zoning Ordinance

Question 29

the right to enact laws for the public's health, safety, and welfare

Answer 29

Police Power

Question 30

What are the three types of Zoning Compliance?

Answer 30

1. Legal Use 2. Legal Non-conforming Use 3. Illegal Use

Question 31

What are four types of zoning?

Answer 31

1. Historic Preservation 2. Aesthetic Zoning 3. Spot Zoning 4. Buffer Zoning

Question 32

Agents have a reasonable care obligation to...

Answer 32

Disclose Zoning Issues

Question 33

Subdivision Requirements

Answer 33

1. Regulated by local governments, cities, and counties 2. Approval of a final plat 3. Transportation networks 4. Utilities & services 5. Roads & streets 6. Public facilities 7. Recreation facilities

Question 34

Subdivision Process

Answer 34

1. Initial planning stage 2. Final planning stage 3. Disposition start up 4. Final plat approval

Question 35

What four things can one do BEFORE the final plat approval?

Answer 35

1. Write contracts 2. Take reservations 3. Sign contracts 4. Hold deposits

Question 36

What are the penalties for unapproved subdivisions?

Answer 36

1. Misdemeanor offense 2. County can get injunction relief 3. Denial of building permits 4. Purchaser can rescind and get full refund

Question 37

Subdivision Street Disclosure Statement

Answer 37

Brokers must disclose if the streets are public or private and who maintains them

Question 38

an action by a developer to have the state or municipality accept responsibility for the roads or streets

Answer 38

Dedication

Question 39

formal acknowledgement by the start or municipality of responsibility

Answer 39

Acceptance

Question 40

Who maintains roads and streets in NC?

Answer 40

Dept. of Transportation, municipalities, HOAs/developers, or private individual homeowners

Question 41

Flood maps are controlled by __________, specifically the _________________________.

Answer 41

FEMA, Army Corps of Engineers

Question 42

The Interstate Land Sales Full Disclosure Act applies to....

Answer 42

1. Out-of-state mailers 2. Newspaper & TV ads directed out of state 3. Out-of-state telephone solicitations

Question 43

Details of the Interstate Land Sales Full Disclosure Act include...

Answer 43

1. Developments of 25 or more lots 2. Must provide buyers with property report filed with HUD prior to signing a lease or purchase contract 3. Create a 7-day right to cancel 4. Failure to provide the report creates a 2-year revocation period for the buyer

Question 44

What is a broker's obligation regarding septic systems?

Answer 44

1. Check for permits 2. The capacity of the tank determines number of bedrooms 3. Maximum occupancy is 2 persons per permitted bedroom 4. Check & verify type of system

Question 45

What are the broker's responsibilities regarding private land use controls?

Answer 45

1. Avoid any misrepresentation regarding permitted land use 2. Recognize potential land use problems 3. Discover and disclose any problems 4. Advise that ordinances/covenants could affect consumer's use and enjoyment of the property 5. Advise that property owners may be subject to owner's association dues and assessments 6. Careful review of covenants and owner's association governing documents prior to signing an offer 7. Recognize patent signs of flooding 8. Disclose planned major highway or public transportation changes in the area as a material fact