Unit 6 Land-Use Controls Flashcards

1
Q
A provision in a subdivision declaration used as a means of forcing the grantee to live up to the terms under which the grantee holds title to the land is a
A protective covenant.
B reversion clause.
C loss through laches.
D conditional-use permit.
A

A protective covenant.

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2
Q

Tests commonly applied in determining the validity of zoning ordinances require all of the following EXCEPT
A that the power be exercised in a 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.

A

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

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3
Q
Public land-use controls include all of the following EXCEPT
A subdivision regulations.
B restrictive covenants.
C environmental protection laws.
D master plan specifications.
A

B restrictive covenants.

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4
Q
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
A

A I only

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5
Q
Zoning laws are generally enforced by
A homeowner associations.
B nonissuance of building permits to properties that do not conform to zoning.
C restrictive covenants.
D the North Carolina Secretary of State.
A

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

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6
Q
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.
A

B the effects of a zoning ordinance.

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7
Q
Zoning allows regulation of all of the following EXCEPT
A number of buildings.
B size of buildings.
C building ownership.
D building occupancy.
A

C building ownership.

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8
Q

The purpose of a building permit is to
I maintain municipal control over the volume of building.
II provide evidence of compliance with municipal building codes.
A I only
B II only
C Both I and II
D Neither I nor II

A

B II only

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9
Q
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.
A

A spot zoning.

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10
Q
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
A

B II only

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11
Q
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 a legal nonconforming use.
B a hardship variance.
C a conditional use.
D an inverse condemnation.
A

A a legal nonconforming use.

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12
Q
To determine whether a location can be put to future use as a retail store, one would examine the
A building code.
B current use.
C housing code.
D zoning code.
A

D zoning code.

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13
Q

A list of deed restrictions probably would NOT include
A types of buildings 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.

A

B allowable ethnic origins of purchasers.

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14
Q
Deed restrictions may be enforced by
A court injunction.
B zoning board of adjustment.
C city building commission.
D state legislature.
A

A court injunction.

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15
Q
A homeowner wishes to install a hot tub in her backyard. It will be used to treat a medical condition. In order to prevent neighborhood children from accidentally falling into the hot tub, the owner wishes to build a six-foot fence, but city regulations limit fences to four feet. To have a six-foot fence, the owner must obtain a
A license.
B variance.
C nonconforming-use permit.
D permit issued by the state.
A

B variance.

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16
Q
A residential neighborhood in Central City consists of homes 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.
A

A historic preservation zoning.

17
Q
A drawing showing the sizes and locations of streets, utility easements, and lots in a subdivision is called a
A gridiron pattern.
B topographic survey.
C plat map.
D property report.
A

C plat map.

18
Q

The property report required by the Interstate Land Sales Full Disclosure Act, would NOT need to include
A soil conditions affecting foundations.
B original purchase price paid by developer.
C number of homes currently occupied.
D existence of liens.

A

B original purchase price paid by developer.

19
Q
When other property owners in an established subdivision wish to remedy a violation of a restrictive covenant by a neighbor, they should
A appeal to the zoning commission.
B write the city council.
C complain to the developer.
D hire an attorney and sue the offender.
A

D hire an attorney and sue the offender.

20
Q
Due to the strange shape of the lot, present zoning restrictions about parking space requirements will cause an undue 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.
A

B a variance.

21
Q

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

A

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

22
Q

Which of the following statements is/are TRUE about subdivision regulations?
I A subdivision consists of at 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

A

D Neither I nor II

23
Q

Which statement is FALSE regarding onsite septic system permits?
A Buyers should determine a property’s sewage disposal system and should be encouraged to obtain a soil suitability (perc) test for unimproved land.
B The permit is valid for a specified period and is available through county health departments.
C The permit may limit the location of the system and/or uses that might overload the system.
D The permit will describe maximum occupancy as three persons per permitted bedroom.

A

D The permit will describe maximum occupancy as three persons per permitted bedroom.

24
Q
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.
A

A cluster zoning.

25
Q

Which of the following 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 subdivisions.
D Subdivision streets built to the North Carolina Department of Transportation’s standards for public road maintenance are not automatically adopted for state maintenance.

A

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

26
Q

Which of the following statements is FALSE about 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 of the 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.

A

C must know all of the protective covenants affecting a community.

27
Q

Straight-piping
A refers to a legal alternative to an underground onsite septic sewage system.
B does not have to be disclosed to consumers.
C refers to wastewater discharged directly into the yard or into a nearby creek or stream rather than into any approved treatment system.
D refers to the process of getting a soil suitability test quickly.

A

C refers to wastewater discharged directly into the yard or into a nearby creek or stream rather than into any approved treatment system.