Unit 2.4 - Land Use Controls (Quiz from LTP) Flashcards
Aiden wants to build an 5 story office building on vacant lot that is zoned for commercial purposes and meets the zoning rules. The property has a deed restriction that does not permit building higher than 4 stories. Which of the following statements is correct?
Choose only ONE best answer.
A
Aiden must obtain a variance from the city to build the 5 story building.
B
Aiden must have the property rezoned by the city to build the 5 story building.
C
Aiden would receive a permit from the city to build the 5 story building, however, he still must follow applicable deed restrictions.
D
Aiden can remove the restriction by filing a suit to quiet title with the county court.
C
Aiden would receive a permit from the city to build the 5 story building, however, he still must follow applicable deed restrictions.
It is the responsibility of the owner and an agent, if they are involved in the transaction, to be aware of deed restrictions. It is not the responsibility of the city or county to review deeds to determine if deed restrictions exist. Therefore, the city may issue a permit that violates the deed restriction. If Aiden builds a five story building, depending how he owns the property, as fee simple determinable or subject to a condition subsequent, he may automatically lose the property.Deed restrictions run with the land and any subsequent owner would have to honor them or risk the loss of the property.
Building codes are an example of a public land use control in the state of North Carolina. Which of the following statements best describes the function of a Certificate of Occupancy?
Choose only ONE best answer.
A
The document that certifies the property ready for human habitation
B
A certification that the premises are deemed safe to occupy
C
Proof that best construction practices were followed during building
D
Verification that the permitting and approval process were followed according to the building codes.
D
Verification that the permitting and approval process were followed according to the building codes.
Certificates of Occupancy are proof that the owner followed the legal steps for improving propertyÂ….they obtained a permit before construction, had the property inspected once construction was done, and the work met the minimum requirements set forth by the building code. They do not declare the entire property safe or show that the owner followed best practicesÂ….just that they did the minimum acceptable by law.
Which of the following may a property owner NOT do to a property that is grandfathered as a non-conforming use?
Choose only ONE best answer.
A
Sell the property
B
Add improvements to the property
C
Continue the non-conforming use
D
Bring the property into compliance
B
Add improvements to the property
A legal non-conforming use can be sold, exchanged or transferred according to a will so long as the use is continued. It is common that a non-conforming use will not be able to expand.
A builder receives preliminary approval to build a new subdivision. The streets in the subdivision have been built according to North Carolina Department of Transportation standards. The street sign does not indicate that the roads are private. Which of the following statements is true?
Choose only ONE best answer.
A
If the subdivision is located within city limits the streets are considered public, unless the sign indicates that it is private.
B
The builder is not required to disclose to potential buyer’s that the roads are public and not private.
C
The streets are not public as they have not met the requirements to become public roads.
D
A seller cannot sell lots in a subdivision located within city limits unless the roads are public.
C
The streets are not public as they have not met the requirements to become public roads.
In order for streets to become public, they must be built according to DOT standards, dedicated to the DOT and accepted by the DOT. Not all streets located in the city are public, although they often are. You are more likely to have privately maintained roads when you are listing or selling property outside of the city’s municipal limits. The developer and the listing agent must disclose to potential buyers that roads will be public or privately maintained.
An example of an overlay zone or district is a (an)
Choose only ONE best answer.
A
Flood plain zone
B
Single family zone
C
Spot zone
D
Multi-family zone
A
Flood plain zone
Overlay districts add an additional layer of restrictions to the use of a property. For example, an area is zoned as single-family residential, however is also located in a historic district. The historic district is an overlay zone or district. A municipality may limit the ability to build based on a property being located in a flood zone. That is another example of an overlay district. An area can be zoned to allow a certain density or activity like single or multi-family units. Spot zoning is changing the use of a property without going through the normal rezoning procedures for the benefit of the one owner.
A restrictive covenant limits the use of a property and therefore is
I. An encumbrance to real property
II. A right of the government to dictate what a person can or cannot do with his property
Choose only ONE best answer.
A I Only B II Only C Both I and II D Neither I nor II
A
I Only
Restrictive covenants (protective covenants) are private use restrictions typically placed on a property by a developer when building a subdivision. The government can dictate what a person can do with his or her property through zoning regulations. The most restrictive rule will apply when evaluating public and private use restrictions.
A parcel of land is being divided by a developer in Gates County for the construction of new homes. Based on North Carolina subdivision regulations, which of the following statements is true?
Choose only ONE best answer.
A
The listing broker of the property would rely on the statements of the developer regarding the status of streets as being either publicly or privately maintained.
B
Due to state regulations, a minimum of 4 lots must be placed on any preliminary plat map filed for the subdivision.
C
Deposits and contracts to purchase properties within the subdivision may be accepted at any time following recordation of the preliminary plat map.
D
Any closings that occur prior to recordation of the final plat map would result in a 3 day right of recision for the buyer.
C
Deposits and contracts to purchase properties within the subdivision may be accepted at any time following recordation of the preliminary plat map.
A Broker in NC can accept deposits, write contracts, reserve lots only after the preliminary plat map has been recorded at the county courthouse. The FINAL plat map must be recorded prior to closing on any of the lots (transferring title to a buyer). Brokers NEVER rely on what the seller says about streets. Streets must be disclosed as being public or private in every transaction and the Broker has to do the research to find out. Remember, assume streets are private until you know 100% that they are public. Streets only become public after they have BOTH been dedicated by the developer AND accepted by the State. Subdivisions are any dividing of land into two or more pieces
Which of the following would be considered a public limitation on private property rights?
Choose only ONE best answer.
A
HOA restrictions
B
Encroachments
C
Restrictive covenants
D
Eminent domain
D
Eminent domain
Restrictive covenants are private use restrictions typically placed on a property by a developer when building a subdivision. They are enforced by an HOA, not government. Eminent domain is a government action taking ownership of private property and converting it in to public property while paying the former owner fair compensation.
A developer wants to list multiple lots for sale in new subdivision with a newly licensed provisional broker. The provisional broker should do all the following, EXCEPT?
Choose only ONE best answer.
A
Ensure that the developer has obtained preliminary approval before offering the lots for sale.
B
Ensure that the planning board grants final approval before closing the sale of lots in the subdivision.
C
Ensure the road has been accepted for public use.
D
Ensure that a buyer does not close until the 5-day period has expired from the date final . approval is granted to the subdivision.
C
Ensure the road has been accepted for public use.
Real Estate Brokers are required to disclose if the road is public or private, but are not responsible for actually converting them into public roads.
A property has been zoned for light industrial for more than 50 years. The local zoning board recently changed the zoning to allow for high density residential apartments and condos. A manufacturing facility is located in the area. Which of the following statements is TRUE?
Choose only ONE best answer.
A
The manufacturing facility will be required to relocate to a new area that allows the light industrial use.
B
The manufacturing facility owners will need to seek a special use permit to continue operations.
C
The manufacturing facility owners will need to obtain a variance to allow operations to continue.
D
The manufacturing facility is a legal non-conforming use and no action need to be taken by the owners.
D
The manufacturing facility is a legal non-conforming use and no action need to be taken by the owners.
A property use that was previously permitted will become a legal non-conforming use when zoning rules change. No action is required to continue the previously approved use, however if the non-conforming use is abandoned, then this exception terminates. A special use permit is included in long term planning when something for the public good (affordable housing, hospital, museum, etc) is needed and a general area has been designated. The first party to seek approval to build, will be grated even if it does not comply with the current zoning in that area and the party will not have to go through the normal rezoning process. A variance is used to seek permission for a minor change in current rules – need more parking, etc. A rezoning is use to change the intended use of a property – form residential to commercial, for example.
Which of the following statements concerning subdivision protective covenants is true?
Choose only ONE best answer.
B
If zoning allows multi-family and/or single-family use and covenants only allow single-family use, multi-family use will be allowed.
C
Covenant provisions that include prohibitions against protected groups such as racial or ethnic groups are permanent and enforceable as are all covenants.
D
To enforce covenants against another subdivision property owner, a property owner must prove direct harm to him/her or his/her property by the neighbor’s violation of the covenants.
A
Covenants are appurtenant to all the subdivision lots.
Only the first statement is true. Read statement 2 CAREFULLY. It is simply a complex way of saying you would follow both/most strict regulations when there is a difference between zoning and covenants Statement 3 is false because covenants that violate a law are not enforceable. Statement 4 is not true. Any property owner can enforce covenants against any other property owner in the same subdivision and they do not have to show harm, etc. They simply sue to enforce the rules.
