Chapter 7 Quiz

A building cannot be occupied until the ___________ is issued.

Certificate of Occupancy

A particularly annoying neighbor begins construction of a third story to his house, which is prohibited by the deed restrictions. The other homeowners in the neighborhood agree to wait to file a court action to stop the construction until the project is complete, so as to increase the costs to the annoying neighbor. The court refuses to require the removal of the new construction. This decision will likely be based on the:

Doctrine of Laches

Restrictive covenants in a deed may not conflict with

Fair Housing Laws They make it illegal to restrict the sale or lease of property based on a persons race, color, religion, national origin, sex, handicap or familial status. If any restrictive covenant in a deed conflicts with Fair Housing then it would be unenforceable.

Most common method of enforcing a restrictive covenant:

Injuction

Deed Restritions

Limitations that a person places on the use of property that she or he owns.

A local government changed the zoning on a large parcel of property. As a result, the property decreased in value. What is the government required to pay the owners?

Nothing. The government is not required to pay the owners. This is police power, not eminent domain. If the property was taken under eminent domain, they would be required to pay 'just compensation' for it.

Which takes precedence over which: private restrictions vs. zoning ordinances

Private restrictions cannot take precedence over a zoning ordinance unless they are more restrictive than the zoning ordinance.

Under local zoning laws, the distance from the street to the front of any improvement on the property is known as the:

Setback The distance 'back' from the property line that any improvement must be.

A condemnation suit must show:

The condemned property will be used for the benefit of the public. That just compensation will be paid to the owner of the condemned property. No other property can serve the purpose.

Zoning laws are usually NOT enacted by:

The federal government

State and local government police power is derived from the U.S. Constitution. T/F

True

If a builder wants to construct a house on his lot that sits 20' from the front lot line but the city ordinance calls for a minimum setback line of 25', he must contain a:

Variance Requires only a variance since the character of the neighborhood would be unaltered.

Two lots of equal size sell for a significantly different price. Can zoning ordinances be the cause of this?

Yes. Zoning ordinances can cause significant price differences.

What determines property uses permitted including types of animals that may be kept?

Zoning ordinances

Private restrictions on the use of land may be created by:

a deed, written agreement general restrictions in a subdivisions, and regulations these are restrictions that are placed on the property by the owner

A restrictive covenant would most likely be reinforced by...

an injunction.

An owner has been using a parcel of land for heavy industrial purposes. The district in which the property is located is presently zoned for business/commercial use. If the owner is allowed to continue with the industrial use of the property, this is an example of a: Select one: a. Violation of the zoning requirements b. Non-conforming use c. Zoning variance d. Special use permit

b. Non-conforming use It was grandfathered in.

A city would use its zoning power for all of the following EXCEPT: Select one: a. land-use controls. b. building permit requirements. c. restrictions on occupancy to single women only. d. fire and safety regulations.

c. restrictions on occupancy to single women only.

The purpose of bulk zoning is to

control density by restrictions on setback lines, building height and percentage of open areas.

Limitations placed on the use of property by a person vs. the government

placed by a person - deed restrictions placed by government - zoning

A developer of commercial property is required to provide for off-street parking for tenants. This is an example of:

police power the county government would impost such a restriction on property owners.

Restrictive covenants in a deed..

run with the land, may be removed without legal action and does not need a termination date.

What is a subdivision and 3 examples?

two or more lots, parcels, units or interests offered for sale under a common promotional sale plan. condominiums PUD's industrial parks

A developer has been assembling parcels into a larger lot so as to build a retail center. There have been many discussions with the zoning board, which has given assurances that the zoning in the area will not be changed. Just before the developer applies for the building permit, the board changes the zoning to residential. What will the developer request from a court?

zoning estoppel

The document that determines what type of improvements you can build in a certain area is

zoning ordinance

A subdivider purchased a large parcel of vacant land which he intends to subdivide. The private deed restrictions state that if the land is ever subdivided the minimum lot size is 10,000 square feet. The applicable zoning ordinance states that the minimum lot size is 8,000 square feet. Which restriction will apply in this case?

10,000 sq. feet because it is more restrictive. Neither public nor private restrictions always have priority. Large lots are more restrictive because you'd build fewer homes.

Injuction

A court order issued to restrain a person from doing a particular thing such as an act prohibited in a restrictive covenant of a deed. The court action is generally instigated by neighbors of the violator.

A new residential development requires all single family houses have a 20' X 22' attached garage. This is an example of:

A restrictive covenant. A covenant (promise to keep) is a form of a deed restriction. This restriction would be imposed by the developer, not the local government through zoning powers.

Asbestos would most likely be found where in a house?

Around pipes Prior to 1979, asbestos was a common building material for floor tiles, ceiling tiles, roofing and insulation around pipes and heat ducts.