Unit 16 Flashcards
Learning Objective: Identify the various types of public and private land-use controls and subdivision regulations.
Answer: Public land-use controls include zoning ordinances, building codes, and environmental protection laws, while private controls include deed restrictions and restrictive covenants, which regulate the use of privately owned land and subdivisions.
Learning Objective: Distinguish the function and characteristics of building codes, subdivision regulations, and zoning ordinances.
Answer: Building codes ensure safety standards for construction; subdivision regulations establish requirements for lot sizes, utilities, and street layouts; zoning ordinances classify land into districts and regulate property uses within those zones.
Learning Objective: Describe how deed restrictions are created, altered, and enforced.
Answer: Deed restrictions are created through agreements by property owners or developers and included in deeds. They can be altered with mutual consent from affected parties. Enforcement typically involves court injunctions if violations occur.
Learning Objective: Explain major environmental legislation and real estate industry green initiatives and their goals for reducing the overall impact on human health and the environment.
Answer: Major environmental legislation includes laws addressing hazardous materials (e.g., asbestos, lead-based paint, and polychlorinated biphenyls) and initiatives promoting sustainable practices, like green building certifications and incentives to improve energy efficiency and occupant health.
Key Term: Buffer Zone
Definition: An area of land separating two different land uses, such as residential and commercial districts.
Key Term: Building Code
Definition: Regulations establishing minimum construction and safety standards for buildings.
Key Term: Building Permit
Definition: Authorization from a municipal authority to begin construction or renovation, ensuring compliance with building codes.
Key Term: Comprehensive Plan
Definition: A long-term plan adopted by a local government to guide community development and land use.
Key Term: Deed Restriction
Definition: A private agreement placed in a deed that limits the use of property.
Key Term: Conditional-Use Permit
Definition: Permission granted to a property owner to use their property in a way not otherwise allowed under the zoning ordinance.
Key Term: Developer
Definition: An individual or company that prepares land for building by constructing infrastructure like streets and utilities.
Key Term: Extraterritorial Jurisdiction
Definition: The area outside a city’s boundaries where it may enforce regulations such as zoning and subdivision standards.
Key Term: Green
Definition: Practices and initiatives aimed at reducing environmental impact and promoting sustainability.
Key Term: Interstate Land Sales Full Disclosure Act
Definition: A federal law requiring developers to provide detailed property reports to prospective buyers for interstate land sales involving 25 or more lots.
Key Term: Laches
Definition: A legal doctrine that prevents a claim from being enforced if there is an unreasonable delay in asserting it.
Key Term: Nonconforming Use
Definition: A use of land that does not conform to current zoning regulations but is allowed to continue because it was established before the zoning changes.
Key Term: Planned Unit Development (PUD)
Definition: A mixed-use development that integrates residential, commercial, and public spaces in a unified plan.
Key Term: Property Owners Association
Definition: An organization formed by property owners in a subdivision or community to enforce rules, maintain common areas, and manage shared services.
Key Term: Public Ownership
Definition: Land owned by government entities, used for public purposes like parks, schools, and government buildings.
Key Term: Restrictive Covenant
Definition: A written agreement that limits the use of land for certain purposes, typically enforced by property owners or associations.
Key Term: Spot Zoning
Definition: The rezoning of a small area within a larger zoning district, often for a use inconsistent with the surrounding area.
Key Term: Variance
Definition: An authorized deviation from the zoning ordinance, granted when strict compliance would cause undue hardship to the property owner.
Key Term: Zoning Board of Adjustment
Definition: A local board that reviews and decides on requests for variances and hears appeals related to zoning ordinance enforcement.
Key Term: Zoning Ordinance
Definition: A law passed by a municipal government to regulate the use of land and buildings within specific areas.
A covenant in a deed that limits the use of property is known as
A. a zoning ordinance.
B. a deed restriction.
C. laches.
D. a conditional-use clause.
Answer: B. Deed restriction.
Reasoning: A deed restriction is a private agreement that limits the use of property, typically recorded in the property’s deed.
If a landowner wants to use property in a manner that is marginally acceptable under the local zoning ordinance, the planning and zoning commission might approve the request with certain stipulations. This describes
A. a variance.
B. downzoning.
C. a conditional-use permit.
D. an occupancy permit.
Answer: C. A conditional-use permit.
Reasoning: A conditional-use permit allows property use that is not typically permitted under the zoning ordinance, provided certain conditions are met.
Public land-use controls include all of the following EXCEPT
A. subdivision regulations.
B. deed restrictions.
C. environmental protection laws.
D. zoning ordinances.
Answer: B. Deed restrictions.
Reasoning: Deed restrictions are private controls, not public controls enforced by government entities.
The purpose of a building permit is to
A. override a deed restriction.
B. maintain municipal control over the volume of building.
C. provide evidence of compliance with municipal regulations.
D. show compliance with restrictive covenants.
Answer: C. Provide evidence of compliance with municipal regulations.
Reasoning: Building permits ensure that construction complies with local building codes and zoning requirements.
All of the following would properly be included in a list of deed restrictions EXCEPT
A. types of buildings that may be constructed.
B. activities that are not to be conducted at the site.
C. allowable ethnic origins of purchasers.
D. minimum size of buildings to be constructed.
Answer: C. Allowable ethnic origins of purchasers.
Reasoning: Deed restrictions cannot include discriminatory terms as they violate federal fair housing laws.
Zoning powers are conferred on municipal governments
A. by state enabling acts.
B. through the comprehensive plan.
C. by eminent domain.
D. through escheat.
Answer: A. By state enabling acts.
Reasoning: State enabling acts grant municipalities the authority to implement zoning ordinances.
Zoning ordinances control the use of privately owned land by establishing land-use districts. Which is NOT a usual zoning district?
A. Residential
B. Commercial
C. Industrial
D. Rental
Answer: D. Rental.
Reasoning: Zoning districts typically include residential, commercial, and industrial classifications, but not rental-specific districts.
Zoning ordinances are generally enforced by
A. zoning boards of adjustment.
B. local regulations that building permits will not be issued unless the proposed structure conforms to the zoning ordinance.
C. deed restrictions.
D. federal legislation.
Answer: B. Local regulations that building permits will not be issued unless the proposed structure conforms to the zoning ordinance.
Reasoning: Zoning enforcement often involves denying building permits for noncompliant construction.
Zoning boards of adjustment are established to hear complaints about the effects of
A. restrictive covenants.
B. a zoning ordinance.
C. building codes.
D. laches.
Answer: B. A zoning ordinance.
Reasoning: Zoning boards of adjustment address grievances related to the application or enforcement of zoning ordinances.
Police power allows regulation of all of the following EXCEPT
A. the number of buildings.
B. the size of buildings.
C. building ownership.
D. building use.
Answer: C. Building ownership.
Reasoning: Police power regulates land use, size, and construction but does not extend to property ownership rights.
A building that is permitted to continue in its former use even though that use does not conform to a newly enacted zoning ordinance is an example of
A. a nonconforming use.
B. a variance.
C. a special use.
D. inverse condemnation.
Answer: A. A nonconforming use.
Reasoning: A nonconforming use refers to properties that are “grandfathered in” and allowed to continue their previous use despite new zoning laws.
A restriction in a seller’s deed may be enforced by
A. court injunction.
B. zoning board of adjustment.
C. city council.
D. state legislature.
Answer: A. Court injunction.
Reasoning: Deed restrictions are private agreements and can be enforced through court action if violated.
A subdivision declaration reads, “No property within this subdivision may be further subdivided for sale or otherwise, and no property may be used for other than single-family housing.” This is an example of
A. a restrictive covenant.
B. an illegal reverter clause.
C. R-1 zoning.
D. a conditional-use clause.
Answer: A. A restrictive covenant.
Reasoning: Restrictive covenants are private agreements that control land use, such as limiting properties to single-family homes.
Robert owns a large tract of land. After an adequate study of all the relevant facts, he legally divides the land into 30 lots suitable for the construction of residences; puts in utilities, curbs, and gutters; and paves the streets. Robert is:
A. a builder.
B. a developer.
C. a land planner.
D. an urban planner.
Answer: B. A developer.
Reasoning: A developer prepares raw land for construction by adding infrastructure like roads and utilities.
To protect the public from fraudulent interstate land sales, a developer involved in interstate land sales of 25 or more lots must
A. provide each prospective purchaser with a printed report disclosing details of the property.
B. pay the prospective buyer’s expenses to see the property involved.
C. provide preferential financing.
D. allow a 30-day cancellation period.
Answer: A. Provide each prospective purchaser with a printed report disclosing details of the property.
Reasoning: The Interstate Land Sales Full Disclosure Act requires developers to provide detailed property reports for transactions involving 25 or more lots.
Asbestos is MOST dangerous when it
A. is used as insulation.
B. crumbles and becomes airborne.
C. gets wet.
D. is wrapped around heating and water pipes.
Answer: B. Crumbles and becomes airborne.
Reasoning: Asbestos fibers pose the greatest health risk when they are airborne and can be inhaled.
Francisco is a real estate sales agent. He shows a pre–World War II house on city water and sewer to Teresa, a prospective buyer. Teresa has two toddlers and is worried about potential health hazards. Which of the following is TRUE?
A. There is very little risk of mold on the premises.
B. There is probably no asbestos insulation in the home.
C. Because the house was built before 1978, there is a good likelihood that lead-based paint is present.
D. Because the house is approximately 60 years old, Teresa should have the water tested for polychlorinated biphenyl.
Answer: C. Because the house was built before 1978, there is a good likelihood that lead-based paint is present.
Reasoning: Homes built before 1978 often contain lead-based paint, which is a known health hazard.
All of the following are true of electromagnetic fields EXCEPT
A. that EmFs are a suspected but unproven cause of cancer, hormonal abnormalities, and behavioral disorders.
B. that EmFs are generated by all electrical appliances.
C. that EmFs are present only near high-tension wires or large electrical transformers.
D. that EmFs are caused by the movement of electricity.
Answer: C. That EmFs are present only near high-tension wires or large electrical transformers.
Reasoning: EmFs are generated by all electrical appliances, not just large-scale infrastructure like power lines or transformers.
Which statement is NOT generally connected with green environmental initiatives?
A. Green buildings are designed to protect occupant health and improve employee productivity.
B. Green tax incentives are available through the state and federal government to encourage homeowners to increase the energy efficiency of their homes.
C. Green buildings utilize all new materials rather than old, recycled materials.
D. Green mortgages permit lenders to adjust qualifying criteria based on lower utility bills.
Answer: C. Green buildings utilize all new materials rather than old, recycled materials.
Reasoning: Green initiatives often encourage the use of recycled or sustainable materials to minimize environmental impact.
