Zoning and Transactions

Question 1

describes goals of city and strategy for development

Answer 1

• Comprehensive plan

Question 2

comprehensive ordinance that limits and requires the uses and locations of land to achieve the goals of the city/state and be in compliance with the laws of the municipality

Answer 2

zoning code

Question 3

Pros of Euclidean Zoning

Answer 3

Reduces conflict between competing uses; more comprehensive than servitudes; investment predictability

Question 4

Cons of Euclidean Zoning

Answer 4

NIMBY; lack of regional planning

Question 5

Use that was in existence (predates) before the zoning ordinance but would no longer be allowed after the new ordinance passes

Answer 5

nonconforming use

Question 6

What is required to file a nonconforming use?

Answer 6

vested right (no special licenses needed)

Question 7

What is the least needed for reliance coming from a vested right?

Answer 7

investment-backed expectation

Question 8

forcing the termination of a nonconforming use when a set time expires

Answer 8

Amortization

Question 9

2 preventative ways of restricting nonconforming uses

Answer 9

prevent expansion or alterations

Question 10

2 requirements for a variance

Answer 10

unnecessary hardship; Proposed use does not impair basic purpose of zoning plan

Question 11

Permits retail building in an office zone

Answer 11

use variance

Question 12

Lifts restrictions related to physical characteristic

Answer 12

area or nonuse variance

Question 13

Major difference between variance and nonconforming use

Answer 13

Variance is after ordinance; Nuse requires a vested right that predates zoning ordinance

Question 14

specifically anticipated and listed uses that might happen but are currently banned unless certain criteria are met

Answer 14

special uses

Question 15

parcel is rezoned rather than given a variance

Answer 15

spot zoning

Question 16

zoning rules that govern how buildings look

Answer 16

aesthetic zoning (architectural review board)

Question 17

illegal rezoning where developer promises to provide certain benefits to the zoning jurisdiction in return for zoning that allows the developer to accomplish its goals

Answer 17

Contract zoning

Question 18

R1 to R2 to C

Answer 18

R1 may be built in R2 or C; cumulative zoning

Question 19

written conveyance that transfers an interest in real property

Answer 19

deed

Question 20

3 methods for descriptions in property

Answer 20

Survey, Plats, Metes/Bounds

Question 21

Description of what is next to you

Answer 21

bounds

Question 22

measurements along boundaries

Answer 22

metes

Question 23

division of large lot bought then divided, signed by zoning board, recorded in deed registry

Answer 23

plats

Question 24

Land system used for westward of Louisiana Purchase

Answer 24

Public land survey system

Question 25

ability to obtain notice on documents that create a property interest

Answer 25

constructive notice

Question 26

approach that favors notice over records

Answer 26

mud

Question 27

2nd purchaser wins if it records first (gets in the deed book 1st)

Answer 27

race

Question 28

2nd purchaser wins if it lacked notice

Answer 28

notice

Question 29

second purchaser wins if records first and lacks notice

Answer 29

Race-notice