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Flashcards in UNIT 6 Deck (24)
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1

Deed restrictions can be created by all of the following EXCEPT
a. deed.
b. statute.
c. written agreement.
d. general plan of a subdivision.

b. statute.

2

Restrictive covenants
a. are no longer effective when the title is transferred.
b. apply only until the developer has conveyed the title.
c. are often removed by a court of competent jurisdiction.
d. apply to and bind all successive owners of the property.

d. apply to and bind all successive owners of the property.

3

The primary intent of zoning ordinances is to
a. ensure the health, safety, and welfare of the community.
b. demonstrate the police power of the state.
c. limit the amount and types of businesses in a given area.
d. protect residential neighborhoods from commercial encroachment.

a. ensure the health, safety, and welfare of the community.

4

Last week, the city council passed a zoning ordinance that prohibits packaged food sales in the area where a family-run grocery store has operated for the last 30 years. The store is now an example of
a. an illegal enterprise.
b. a nonconforming use.
c. a violation of the zoning laws.
d. a variance of the zoning laws.

b. a nonconforming use.

5

Deed restrictions could legally restrict all of the following EXCEPT
a. sizes and types of structures to be built.
b. potential future uses of the properties.
c. future owners and occupants of the properties.
d. exterior finish and decoration of the structures.

c. future owners and occupants of the properties.

6

Which of the following BEST describes the purpose of a building permit?
a. To override or substantiate deed restrictions
b. To control the volume of construction
c. To provide evidence of compliance with municipal regulations
d. To serve as a means of regulating the area and size of buildings

c. To provide evidence of compliance with municipal regulations

7

A residential developer's deed restrictions would probably include all of the following EXCEPT
a. easements in gross for the installation of public utilities.
b. an agreement not to sell without the consent of the neighbors.
c. the minimum square-footage for any home to be built in the subdivision.
d. a reference to the use of community facilities by residents only.

b. an agreement not to sell without the consent of the neighbors.

8

All the following are true about historic preservation zoning EXCEPT
a. it is an overlay district.
b. owners must obtain a certificate of appropriateness to make changes to the property.
c. property owners may be entitled to tax credits.
d. it is available only on residences of historical value.

d. it is available only on residences of historical value.

9

A tire company has a manufacturing plant located in an area that has just been rezoned for residential use. The company is allowed to continue operating the plant under the new zoning classification. If the plant is destroyed by fire or other hazard, the tire company
a. may not be allowed to rebuild the plant in the neighborhood, absent obtaining a zoning variance.
b. may not be allowed to rebuild the plant in the neighborhood unless provided for by building codes.
c. may rebuild the plant if it obtains the consent of the residents then living in the neighborhood.
d. may rebuild the plant if the homeowners' association approves it.

a. may not be allowed to rebuild the plant in the neighborhood, absent obtaining a zoning variance.

10

If the buyer of a vacant lot builds a house that violates the restrictions in the deed, the buyer may face all of the following types of enforcement EXCEPT
a. creating a cloud on the title to the property.
b. being sued and required to conform with the restrictions.
c. being sued and required to pay damages to the other residents in the neighborhood.
d. being disciplined by the North Carolina Real Estate Commission.

d. being disciplined by the North Carolina Real Estate Commission.

11

All of the following are examples of police power EXCEPT
a. zoning ordinances.
b. building codes.
c. restrictive covenants.
d. subdivision regulations.

c. restrictive covenants.

12

All of the following statements are true regarding zoning EXCEPT
a. Zoning is local in nature.
b. Some municipalities have the power to regulate land use outside their corporate limits in extraterritorial jurisdiction areas.
c. Zoning will prevail over any conflict with restrictive covenants.
d. Building permits help ensure compliance with zoning requirements.

c. Zoning will prevail over any conflict with restrictive covenants.

13

Aesthetic zoning would be an example of
a. illegal use of police power.
b. an overlay district.
c. spot zoning.
d. conditional use.

b. an overlay district.

14

Which of the following statements is TRUE regarding North Carolina subdivisions?
a. The final subdivision plat must be recorded before closing on any lot.
b. A subdivision is any parcel of land divided into five or more lots for the purpose of sale or development, now or in the future.
c. No contract to purchase any lot is allowed until the final subdivision plat is recorded.
d. Subdivision streets must be privately maintained by the developer until the last lot is sold to the public.

a. The final subdivision plat must be recorded before closing on any lot.

15

A conveyance that includes a condition controlling or limiting the use of the transferred property is an example of a
a. gift deed.
b. deed restriction.
c. need for a zoning appeal.
d. zoning variance.

b. deed restriction.

16

Local zoning ordinances often regulate all of the following EXCEPT
a. height of buildings in an area.
b. density of population.
c. use of the property.
d. price of the property.

d. price of the property.

17

Deed restrictions are a means by which
a. local zoning laws are enforced.
b. the planning commission controls developers.
c. municipalities enforce building restrictions.
d. grantors control the future use of the ownership.

d. grantors control the future use of the ownership.

18

The owner constructed a building that is seven stories high. Several years later the
municipality changed the zoning ordinance, prohibiting buildings that exceed six stories in height. Which of the following is TRUE regarding the use of the existing seven-story building?
a. It is a nonconforming use.
b. The building must be demolished.
c. It is a conditional use requiring a permit.
d. A variance must be obtained for the building.

a. It is a nonconforming use.

19

Under an existing ordinance, no building signs may extend more than three feet above the highest point of the roof. An owner wants to erect a nine-foot-high revolving sign on the roof of the store. In order to legally do this, the owner must be successful in obtaining a
a. special use permit.
b. variance.
c. nonconforming use permit.
d. court order.

b. variance.

20

A proposed area rezoning amendment will change land use from residential to manufacturing. Several homes are already located within the area proposed for rezoning. If the current zoning is amended, the residences will probably
a. become a preexisting nonconforming use.
b. be required to be torn down.
c. be required to convert to commercial use.
d. be required to be physically moved to a residential use area.

a. become a preexisting nonconforming use.
b. be required to be

21

A municipality establishes development goals through its
a. subdivision regulations.
b. restrictive covenants.
c. environmental regulations.
d. comprehensive master plan.

d. comprehensive master plan.

22

Any developer who fails to comply with the requirements of the Interstate Land Sales Full Disclosure Act may be
a. subject to criminal penalties of fines and imprisonment.
b. ordered to cease work on the project.
c. sanctioned by leaders in the area.
d. required to obtain a variance from the local zoning board.

a. subject to criminal penalties of fines and imprisonment.

23

Which of the following BEST describes a variance?
a. An exception to a zoning ordinance
b. A court order prohibiting certain land uses
c. A pre-existing use that varies from the current code
d. A comprehensive land use amendment for an area

a. An exception to a zoning ordinance

24

Which of the following statements is TRUE regarding the Interstate Land Sales Full Disclosure Act?
a. Buyers of property subject to the Act must receive a property report prior to creation of a sales contract.
b. The Act regulates all unimproved land sales that will be marketed across state lines.
c. The details of the land for sale must be registered with the secretary of state where the property is located.
d. The Act has no exemptions.

a. Buyers of property subject to the Act must receive a property report prior to creation of a sales contract.