Chapter 5 Flashcards
a change or modification of a zoning ordinance by local legislative authority
Amendment
public controls regulating construction that establish minimum construction standards
Building Codes
given when final inspection is passed, allowing occupancy of the structure
Certificate of Occupancy
a form of zoning provided for several types of land use within a zoned area
Cluster Zoning
a promise in writing, a provision in a deed. Private land use controls. Limitations on land use binding on all property owners.
Covenants, Conditions, & Restrictions
state gives land use controls authority to counties, cities, and local municipalities
NC Enabling Act
city land control that extends beyond city limits
Extra-territorial Jurisdictions (ETJs)
land use that does NOT comply with zoning
Illegal Use
court ordered prohibition against particular act; order to cease activity
Injunction
federal law that protects consumers from fraud/abusive marketing practices in sale/lease of land across state lines
Interstate Land Sales Full Disclosure Act
provides orderly growth of a community, results in greatest social & economic benefits to people of the community
Master Plan
promises on the part of the purchasers of property to limit use of their property to comply with restrictive covenants
Negative Covenants/Easements
grandfathered land use, using prior zoning ordinance
Nonconforming Use
one zoning over one or more zoning areas (flood zones, historic districts)
Overlay District
cluster zoning
Planned Unit Developments (PUDs)
non-public land use controls; restrictive covenants
Private Land Use Controls
disclosure required under Interstate Land Sales Disclosure Act
Property Report
regulation of land use by the government via Police Powers
Public Land Use Controls
transfers with sale or transfer of title always
Runs with the Land
distance from the street, property line, or other buildings
Setback
exception; land use built into zoning ordinance
Special Use
land use that applies to just one property in a zoning area; illegal
Spot Zoning
discloses information that the developer must filed with HUD before offering unimproved lots on interstate commerce
Statement of Record
in reference to a septic system, this is water waste in the yard
Straight-piping
division of land/parcels into two or more lots
Subdivision
public control of development of residential subdivisions
Subdivision Regulations/Ordinances
the permitted deviation from a zoning ordinance because of a special hardship to a property owner
Variance
a statement setting forth the type of land use permitted under each zoning classification and specific requirements for compliance
Zoning Ordinance
the right to enact laws for the public’s health, safety, and welfare
Police Power
What are the three types of Zoning Compliance?
- Legal Use
- Legal Non-conforming Use
- Illegal Use
What are four types of zoning?
- Historic Preservation
- Aesthetic Zoning
- Spot Zoning
- Buffer Zoning
Agents have a reasonable care obligation to…
Disclose Zoning Issues
Subdivision Requirements
- Regulated by local governments, cities, and counties
- Approval of a final plat
- Transportation networks
- Utilities & services
- Roads & streets
- Public facilities
- Recreation facilities
Subdivision Process
- Initial planning stage
- Final planning stage
- Disposition start up
- Final plat approval
What four things can one do BEFORE the final plat approval?
- Write contracts
- Take reservations
- Sign contracts
- Hold deposits
What are the penalties for unapproved subdivisions?
- Misdemeanor offense
- County can get injunction relief
- Denial of building permits
- Purchaser can rescind and get full refund
Subdivision Street Disclosure Statement
Brokers must disclose if the streets are public or private and who maintains them
an action by a developer to have the state or municipality accept responsibility for the roads or streets
Dedication
formal acknowledgement by the start or municipality of responsibility
Acceptance
Who maintains roads and streets in NC?
Dept. of Transportation, municipalities, HOAs/developers, or private individual homeowners
Flood maps are controlled by __________, specifically the _________________________.
FEMA, Army Corps of Engineers
The Interstate Land Sales Full Disclosure Act applies to….
- Out-of-state mailers
- Newspaper & TV ads directed out of state
- Out-of-state telephone solicitations
Details of the Interstate Land Sales Full Disclosure Act include…
- Developments of 25 or more lots
- Must provide buyers with property report filed with HUD prior to signing a lease or purchase contract
- Create a 7-day right to cancel
- Failure to provide the report creates a 2-year revocation period for the buyer
What is a broker’s obligation regarding septic systems?
- Check for permits
- The capacity of the tank determines number of bedrooms
- Maximum occupancy is 2 persons per permitted bedroom
- Check & verify type of system
What are the broker’s responsibilities regarding private land use controls?
- Avoid any misrepresentation regarding permitted land use
- Recognize potential land use problems
- Discover and disclose any problems
- Advise that ordinances/covenants could affect consumer’s use and enjoyment of the property
- Advise that property owners may be subject to owner’s association dues and assessments
- Careful review of covenants and owner’s association governing documents prior to signing an offer
- Recognize patent signs of flooding
- Disclose planned major highway or public transportation changes in the area as a material fact
