Unit 6

Question 1

A provision in a subdivision declaration used as a means of forcing the grantee to live up to the terms under which the grantee hold title to the land is a

A. protective covenant.
B. reversion clause.
C. loss through laches.
D. conditional-use permit.

Answer 1

A. protective covenant.

Question 2

Tests commonly applied in determining the validity of zoning ordinances require all of the following EXCEPT

A. that the oiler be exercised in an reasonable manner.
B. that the ordinance be free from discrimination.
C. that the ordinance apply to all property in a similar manner.
D. that the ordinance causes a loss of property value for the public good.

Answer 2

D. that the ordinance causes a loss of property value for the public good.

Question 3

Public land-use controls include all of the following EXCEPT

A. subdivision regulations.
B. restrictive covenants.
C. environmental protection laws.
D. master plan specifications.

Answer 3

B. restrictive covenants.

Question 4

Zoning powers are conferred on municipal governments by
I. state enabling acts.
II. eminent domain.

A. I only
B. II only
C. Both I and II
D. Neither I nor II

Answer 4

A. I only

Question 5

Zoning laws are generally enforced by

A. homeowner associations.
B. non issuance of building permits to properties that do not conform to zoning.
C. restrictive covenants.
D. the North Carolina Secretary of State.

Answer 5

B. non issuance of building permits to properties that do not conform to zoning.

Question 6

Zoning boards of adjustment are established to hear complaints about

A. protective covenants.
B. the effects of a zoning ordinance.
C. state building codes.
D. the effects of public ownership.

Answer 6

B. the effects of a zoning ordinance.

Question 7

Zoning allows regulation of all of the following EXCEPT

A. number of buildings
B. size of buildings
C. building ownership
D. building occupancy

Answer 7

C. building ownership

Question 8

The purpose of a building permit is to
I. maintain municipal control over the volume of building.
II. provide evident of compliance with municipal building codes.

A. I only
B. II only
C. Both I and II
D. Neither I nor II

Answer 8

B. II only

Question 9

A local man owns a vacant lot in a residential neighborhood. His friends in the city government manage to change the zoning on his lot to commercial, so he can increase his profits on the property. This type of zoning is called

A. spot zoning
B. a nonconforming use
C. an illegal use
D. a variance

Answer 9

A. spot zoning

Question 10

The grantor of a deed may place effective restrictions on the
I. right to sell the land.
II. use of the land.

A. I only
B. II only
C. Both I and II
D. Neither I nor II

Answer 10

B. II only

Question 11

A new zoning code is enacted. A building that is permitted to continue in its current use even though that use does not conform to the new zoning is an example of a(n)

A. legal nonconforming use.
B. hardship variance.
C. conditional use.
D. inverse condemnation.

Answer 11

A. legal nonconforming use.

Question 12

To determine whether a location can be put to further use as a retail store, one would examine the

A. building code.
B. current use.
C. housing code.
D. zoning code.

Answer 12

D. zoning code.

Question 13

A list of deed restrictions probably would NOT include

A. types of building that may be constructed.
B. allowable ethnic origins of purchasers.
C. activities that are not to be conducted at the site.
D. minimum size of buildings to be constructed.

Answer 13

B. allowable ethnic origins of purchasers.

Question 14

Deed restrictions may be enforced by

A. court injunction.
B. zoning board of adjustment.
C. city building commission.
D. state legislature.

Answer 14

A. court injunction.

Question 15

Two business partners just purchased a vacant lot next to their retail shop. They plan to expand their shop onto the newly acquired lot. The architectural plans extend the addition two feet into the setback requirements for that location. To construct the building legally, the owners must obtain a

A. license
B. variance
C. nonconforming-use permit
D. permit issued by the state

Answer 15

B. variance

Question 16

A residential neighborhood in Central City consists of home built in the late 1800s. The neighborhood is subject to special zoning that prohibits property owners from tearing down a current home and replacing it with a modern one. This type of zoning is called

A. historic preservation zoning
B. spot zoning
C. zoning amendments
D. eminent domain

Answer 16

A. historic preservation zoning

Question 17

A drawing showing the sizes and locations of streets, utility easements, and lots in a subdivision is called a

A. gridiron pattern
B. topography survey
C. plat map
D. property report

Answer 17

C. plat map

Question 18

The property report required by the Interstate Land Sales Full Disclose Act, would NOT need to include

A. soil conditions affecting foundations.
B. original purchase price paid by developers.
C. number of homes currently occupied.
D. existence of liens.

Answer 18

B. original purchase price paid by developers.

Question 19

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

A. apple to the zoning commission
B. write the city council
C. complain to the developer
D. hire an attorney and sue the offender

Answer 19

D. hire an attorney and sue the offender

Question 20

Due to the strange shape of the lot, present zoning restrictions about parking space requirements will cause an undo hardship for the owner’s planned use of the property as an office building. If there are no other reasonable uses for the property, the owner may be allowed to proceed with his plans under

A. nonconforming use
B. a variance
C. spot zoning
D. a special-use permit

Answer 20

B. a variance

Question 21

A gas station has operated at the edge of town for 20 years. Pursuant to a new comprehensive plan, the city rezones the land as residential. Which statement reflects the MOST likely outcome?

A. The gas station can probably continue to operate under a variance.
B. If the station is sold, the new owner can continue to operate under the grandfather clause.
C. The city can force the closure of the gas station immediately.
D. That station can continue to operate as long as the building is not enlarged.

Answer 21

D. That station can continue to operate as long as the building is not enlarged.

Question 22

Which of the following statements is/are TRUE about subdivision regulations?
I. A subdivision consists of a least five parcels of land for the purpose of sale or development now or in the future.
II. A broker can negotiate a sales contract on lots in a new subdivision only after the final subdivision plat has been recorded.

A. I only
B. II only
C. Both I and II
D. Neither I nor II

Answer 22

D. Neither I nor II

Question 23

Flood insurance is

A. part of most homeowner hazard insurance policies.
B. required on all FHA loans if the property is located in a flood hazard area.
C. sold only by agents of the Federal Emergency Management Agency.
D. coverage for all property damage cause by any water source.

Answer 23

B. required on all FHA loans if the property is located in a flood hazard area.

Question 24

The type of residential subdivision zoning that would maximize open space would be

A. cluster zoning
B. multiuse zoning
C. aesthetic zoning
D. spot zoning

Answer 24

A. cluster zoning

Question 25

Which of the flooding statements about subdivision street disclosure in North Carolina is NOT true?

A. A subdivision developer must disclose whether streets in a new subdivision are intended for public or private use.
B. Buyers of new subdivision lots must receive and sign a written disclosure of street status.
C. Regarding land use, real estate brokers are responsible only for determining and disclosing whether subdivision streets are privately or publicly maintained in new subdivision.
D. Subdivision streets built to the North Carolina Department of Transportation’s standards for public road maintenance are not automatically adopted for state maintenance.

Answer 25

C. Regarding land use, real estate brokers are responsible only for determining and disclosing whether subdivision streets are privately or publicly maintained in new subdivision.

Question 26

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

A. must avoid any representation about a property’s zoning without verifying the property’s zoning and, if appropriate, flood hazard area maps and any restrictive covenants affecting the property.
B. is expected to be able to recognize “red flag” situations regarding land use issues and to advise the parties involved of the potential problem.
C. must know all father protective covenants affecting a community.
D. is expected to be able to recognize patent signs of flooding on a property or when a property’s location may make it susceptible to flooding.

Answer 26

C. must know all father protective covenants affecting a community.