Land- Use Controls

Question 1

Which of the following is NOT a governmental right in real property?

Answer 1

To create deed restrictions

Question 2

All of the following are examples of police power EXCEPT

Answer 2

restrictive covenants

Question 3

It’s not unusual to find real property uses that were legally established before the adoption of the current zoning plan. This use can apply to the way the land is used, the type of structure that is on the property, the way the structure is used, or even the lot size itself. This grandfathered use is called

Answer 3

nonconforming

Question 4

Public land-use controls include all of the following EXCEPT

Answer 4

subdivision regulations

Question 5

If a retail business is allowed to continue operating after the zoning board rezones the property to industrial use, this is an example of

Answer 5

nonconforming use

Question 6

The distance that a zoning ordinance requires between a property’s boundaries and its improvements is

Answer 6

a setback

Question 7

Zoning allows regulation of all of the following EXCEPT

Answer 7

building ownership

Question 8

When zoning and covenants are in conflict, which takes precedence?

Answer 8

The more restrictive of the two

Question 9

If a property being shown is near a creek or a river, a broker is expected to recognize patterns of

Answer 9

Flooding

Question 10

Deed restrictions could legally restrict all of the following EXCEPT

Answer 10

future owners and occupants of the properties

Question 11

Restrictive convenants

Answer 11

apply to and bind all successive owners of the property.

Question 12

Which of the following statements is FALSE about a broker’s responsibility regarding land use? A broker:

Answer 12

must know all of the protective covenants affecting a community

Question 13

A broker is expected to be able to recognize situations regarding land-use issues, advise the parties involved of the potential problem, and recommend that the interested parties verify the permitted land uses. Recognizing and taking appropriate action with regard to potential problems with restrictive covenants is particularly important. These types of situations are called

Answer 13

red flag situations

Question 14

Deed restrictions may be enforced by

Answer 14

court injunction

Question 15

The purpose of a building permit is to

Answer 15

provide evidence of compliance with municipal building codes

Question 16

The use of privately owned real property may be regulated and restricted by

Answer 16

all of these (state and federal government, individuals, and local government)

Question 17

Legislation designed to convert residential zoning into conservation or recreational purposes

Answer 17

may be found by the courts to be a taking without the payment of just compensation to the property owner.

Question 18

The purpose of the __________________________ is to facilitate accessibility and mobility by ramp construction, safety rails, wider doors, and other accommodations.

Answer 18

Americans with Disabilities Act (ADA)

Question 19

There are no nationwide or statewide zoning ordinances because zoning is viewed as __________in nature.

Answer 19

local

Question 20

The right of the government to establish zoning and land use laws is an exercise of which of the following?

Answer 20

police power

Question 21

Straight piping refers to what?

Answer 21

refers to wastewater discharged directly into the yard or into a nearby creek or stream rather than into any approved treatment system

Question 22

Any developer who fails to comply with the requirements of the Interstate Land Sales Full Disclosure Act may be

Answer 22

subject to criminal penalties of fines and imprisonment

Question 23

When other property owners in an established subdivision wish to remedy a violation of a restrictive covenant by a neighbor, they should

Answer 23

hire an attorney and sue the offender

Question 24

A broker is strongly cautioned to refrain from stating whether or not a particular use of the property will be allowed or if a certain act will be in violation of the covenants. If brokers state what they consider facts regarding the property that turn out to be in error, they risk

Answer 24

a liability lawsuit

Question 25

In North Carolina, zoning powers are conferred on municipal governments by the General Assembly creation of

Answer 25

the Enabling Act

Question 26

If a property is subject to regulation by an owners association, it is recommended that the buyer review this completed disclosure provided by the seller before signing the offer. What is the name of this disclosure?

Answer 26

Residential Property and Owners Association Disclosure Statement

Question 27

A municipality establishes development goals through its

Answer 27

comprehensive master plan

Question 28

A master plan or zoning ordinance, once enacted, is bound to displease some property owners. Should they want to continue usage of their land in a different manner than is being enacted by the master plan, they could apply for a conditional-use permit or

Answer 28

A variance

Question 29

Before making material changes to a property located within a ____________________, the owner must obtain a certificate of appropriateness from the appropriate regulatory entity.

Answer 29

historic preservation zone