Unit 20 Exam Flashcards
Match the following with the correct definition: Comprehensive Plan, Police Power
A)
Used to establish land development goals
B)
Takes into consideration land use, housing needs, transportation, community facilities, and energy conservation
C)
Guide that tries to anticipate changing needs
D)
Regulation of land use often based on priorities of local residents
E)
States delegate authority to local municipalities through enabling acts
F)
Government’s authority to create regulations needed to protect the public health, safety, and welfare
Comprehensive Plan = A,B,C
Police Power = D,E,F
Over the years, the government’s policy has been to discourage private ownership of land.
False
Local governments, including municipalities and counties, establish development goals by creating a comprehensive plan, also called a master plan.
True
Real estate professionals are frequently involved with zoning issues. Match each term with the correct definition: Inverse condemnation, Buffer zone,
Nonconforming use, Planned unit development (PUD)Bulk zoning
A)
An existing property use that does not meet current zoning requirements
B)
An action brought by a property owner for just compensation when a nearby public use diminishes the value of the owner’s property
C)
Land is set aside for mixed-use purposes such as residential, commercial, and public areas
D)
Typically, a strip of land separating land dedicated to one use from land dedicated to another use
E)
Controls density and avoids overcrowding by imposing restrictions
Inverse condemnation = B
Buffer zone = D
Nonconforming use = A
Planned unit development (PUD) = C
Bulk zoning = E
The state’s enabling acts confer zoning powers to local municipal governments in order to comply with nationwide zoning ordinances.
False
There are no nationwide Zoning
Zoning is a regulatory tool that helps communities regulate and control how land is used primarily as a vehicle for private enterprise growth.
False
A local government enforces construction standards and compliance with them through several resources. Match each resource below with the appropriate definition: Certificate of occupancy, Building permit, Building code
A)
Requirement for such things as materials, standards of workmanship, sanitary equipment, electrical wiring, or fire prevention
B)
Required of a property owner who wants to alter or repair an existing building or to build a new structure.
C)
Issued when the property is suitable for habitation by meeting certain safety and health standards
Certificate of occupancy = C
Building permit = B
Building code = A
Most municipalities have enacted ordinances to specify construction standards that must be met when repairing or erecting buildings referred to as building covenants.
False
Building Codes
Once a structure has been completed, inspected, and found satisfactory, the municipal inspector issues a certificate of occupancy or occupancy permit.
True
The processes of subdividing and developing land are two related but separate activities. Identify the most relevant activity for each example to be either Developing or Subdividing
A)
Requires submitting an environmental impact report for approval
B)
Of the two, the more extensive activity
C)
Buying undeveloped acreage and dividing it into smaller lots for sale
D)
Improving land, constructing homes or buildings, and selling the homes or buildings
E)
Involves complying with the comprehensive plan
Developing = A,B,D
Subdividing = C,E
The detailed map that illustrates the geographic boundaries of individual lots showing the blocks, sections, streets, public easements, and monuments in the prospective subdivision is called a plot.
False
Plot Map
Developing is generally a more extensive activity than subdividing.
True
Certain restrictions to control and maintain the desirable quality and character of a property or subdivision may be created by private entities. For each example, identify the most appropriate private control device. Deed Restriction or CC&Rs
A)
Used by developer who wants to set standards for all the parcels within the defined subdivision
B)
Valid if reasonable restraints benefit all property owners
C)
Of the two, the one that may have time limitations
D)
Addresses a desire to limit the use of property by a past or current owner binding on future grantees
E)
Enforced by the homeowners association
Deed Restriction = D
CC&Rs = A,B,C,E
Covenants, conditions, and restrictions (CC&Rs) are regulations established under the police powers of the local government for the developer to implement to set standards for all the parcels within the defined subdivision.
False
Regulated by HOA and created by the Developer
Deed restrictions are limitations on the use of property imposed by a past owner or the current owner and are binding on future grantees.
True
Indicate the MOST appropriate type of law for each example. Federal or State Law
A)
Administered by the CFPB
B)
Of the two, the one that tends to be stricter and more detailed
C)
Seller is required to file statements of record with CFPB
Federal = A,C
State Law = B
The federal legislation established to prevent fraudulent marketing schemes that may arise when land is sold without being seen by the purchasers is the Interstate Land Sales Full Disclosure Act.
True
Under the federal act that governs the marketing of certain lands, subdivision properties consisting of fewer than 25 lots or those in which each lot is 20 acres or more are excluded from its provisions.
True
Under the Interstate Land Sales Full Disclosure Act, lots offered for sale are exempt from the Act where a seller is obligated to construct a building within
A) three years. B) five years. C) four years. D) two years.
Explanation
The answer is two years. Under the Interstate Land Sales Full Disclosure Act, lots offered for sale are exempt from the Act if buildings already exist on the properties or the seller is obligated to construct a building within two years.
MOST governmental controls on property occur at
A) the local level. B) the state level. C) the federal level. D) the regional level.
Explanation
The answer is the local level. Local jurisdictions enact most regulations on property.
Government ownership of land refers to land owned by
A) the federal, state, and local governments. B) the federal and state governments. C) the federal government only. D) the state government only.
Explanation
The answer is the federal, state, and local governments. Any of the three may own land for public use and regulate land use within the applicable jurisdiction.
A subdivision had a deed restriction, covering all the properties in the subdivision, that set aside the back six feet of each parcel as a combination green-belt area and bicycle path. A homeowner plans to convert the back one-half of her yard, including this set-aside space, into an organic garden. Her neighbor can
A)
force the homeowner to sell her property.
B)
do nothing because individual homeowners have no authority in this matter.
C)
go to court in an attempt to obtain injunctive relief.
D)
share in the bounty from the organic garden.
The answer is go to court in an attempt to obtain injunctive relief. Restrictive covenants can be enforced in court when one lot owner applies to the court for an injunction to prevent a neighboring lot owner from violating recorded restrictions.
Which of the following items would usually NOT be shown on the plat map for a new subdivision?
A) Land to be used for streets B) Prices of residential and commercial lots C) Easements for sewer and water mains D) Numbered lots and blocks
Explanation
The answer is prices of residential and commercial lots. Prices are not a matter of public record and are subject to constant change. They do not belong on the recorded plat of subdivision.
When is a certificate of occupancy issued?
A)
At the time a property owner applies for a building permit
B)
When the owner of a multifamily residential property wishes to limit the number of individuals who may live in a single unit
C)
When an application for a variance or conditional-use permit has been granted by the zoning board
D)
After building construction work has been inspected and found satisfactory by the municipal inspector
Explanation
The answer is after building construction work has been inspected and found satisfactory by the municipal inspector. The certificate of occupancy is necessary before a building can be occupied.
Restrictive covenants can be used to restrict
A) members of certain nationalities. B) people who have physical disabilities. C) members of certain races. D) property building height.
Explanation
The answer is property building height. Restrictive covenants can be used to restrict property building height.
A developer built a structure that has six stories. Several years later, an ordinance was passed in that area banning the construction of any building six stories or higher. This building MOST likely has
A) a variance. B) a conditional use. C) a nonconforming use. D) a zoning violation.
Explanation
The answer is a nonconforming use. A nonconforming use is one that is currently not permitted by zoning, but began before the restriction. The building is allowed because the use was already there. It is “grandfathered.”
A property owner owns a large tract of land. After an adequate study of all the relevant facts, the owner legally divides the land into 30 lots suitable for the construction of residences. In this situation, the property owner is acting as
A) a land planner. B) an urban planner. C) a subdivider. D) a developer.
Explanation
The answer is a subdivider. Dividing land for later construction or sale is subdividing.