Land- Use Controls Flashcards
Which of the following is NOT a governmental right in real property?
To create deed restrictions
All of the following are examples of police power EXCEPT
restrictive covenants
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
nonconforming
Public land-use controls include all of the following EXCEPT
subdivision regulations
If a retail business is allowed to continue operating after the zoning board rezones the property to industrial use, this is an example of
nonconforming use
The distance that a zoning ordinance requires between a property’s boundaries and its improvements is
a setback
Zoning allows regulation of all of the following EXCEPT
building ownership
When zoning and covenants are in conflict, which takes precedence?
The more restrictive of the two
If a property being shown is near a creek or a river, a broker is expected to recognize patterns of
Flooding
Deed restrictions could legally restrict all of the following EXCEPT
future owners and occupants of the properties
Restrictive convenants
apply to and bind all successive owners of the property.
Which of the following statements is FALSE about a broker’s responsibility regarding land use? A broker:
must know all of the protective covenants affecting a community
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
red flag situations
Deed restrictions may be enforced by
court injunction
The purpose of a building permit is to
provide evidence of compliance with municipal building codes
The use of privately owned real property may be regulated and restricted by
all of these (state and federal government, individuals, and local government)
Legislation designed to convert residential zoning into conservation or recreational purposes
may be found by the courts to be a taking without the payment of just compensation to the property owner.
The purpose of the __________________________ is to facilitate accessibility and mobility by ramp construction, safety rails, wider doors, and other accommodations.
Americans with Disabilities Act (ADA)
There are no nationwide or statewide zoning ordinances because zoning is viewed as __________in nature.
local
The right of the government to establish zoning and land use laws is an exercise of which of the following?
police power
Straight piping refers to what?
refers to wastewater discharged directly into the yard or into a nearby creek or stream rather than into any approved treatment system
Any 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
When other property owners in an established subdivision wish to remedy a violation of a restrictive covenant by a neighbor, they should
hire an attorney and sue the offender
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
a liability lawsuit
In North Carolina, zoning powers are conferred on municipal governments by the General Assembly creation of
the Enabling Act
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?
Residential Property and Owners Association Disclosure Statement
A municipality establishes development goals through its
comprehensive master plan
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
A variance
Before making material changes to a property located within a ____________________, the owner must obtain a certificate of appropriateness from the appropriate regulatory entity.
historic preservation zone
