2. Land Use Controls and Regulations

A six-unit apartment complex in an area that is zoned R-1 for single family residential property only would be an example of a: A » variance B » non-conforming use C » building code D » master land plan

(B) A non-conforming use is where a property is used for something before a zoning change and is allowed to continue. Here, the six-unit apartment complex must have been there before the zoning for R-1 was put into place. (A) A variance is changing something after the zoning has been put in place, such as varying the setback requirements. (C) Building codes deal with safety in construction. (D) A master land plan is a plan for a city's future growth.

Which would be the best example of a buffer zone? A » Garden apartments between a residential area and shopping center B » A warehouse between two office parks C » An office park between two residential properties D » A residential property between two office parks

(A) A buffer zone separates two incompatible areas - an apartment complex between residential and commercial does just that. (B) Two office parks are not incompatible. (C) Two residential properties are not incompatible. (D) Two office parks are not incompatible.

A developer would like to restrict the usage of the land in a particular development. He would do this through a: A » covenant in the deed B » city restriction C » deed of trust D » mortgage

(A) A deed covenant or deed restriction is used by private parties to restrict certain land uses, such as certain types of fences. (B) A city restriction would normally be a zoning ordinance. (C) A deed of trust and (D) mortgage are documents used for security of debts.

A city wanted to take land as the space was needed to install a cloverleaf, allowing easier access to an interstate highway. The owner of the property refused to sell to the city. As a result of this, the city started the process of acquiring the property against the owner's wishes. This process is referred to as: A » condemnation B » eminent domain C » escheat D » police power

(A) Condemnation is the PROCESS used to take private property for the public good. (B) Eminent domain is the RIGHT of the government to take private property for the public good. (C) Escheat is when a person dies with no will and no heirs (abandons the property) and the state government takes ownership. (D) Police power is keeping things in order, such as zoning and building codes.

The government telling people how to use their property in order to protect the public would be an example of:

(A) Police power deals with keeping things in order, such as zoning laws. (B) Taxation is the ability of the government to tax private property. (C) Escheat is dying with no will and no heirs (abandonment) with the property being taken by the state government. (D) Eminent domain is the government taking private property for public good.

A deed restriction would apply to the: A » current owner only B » present and future owners C » original developer D » homes association

(B) A deed restriction is recorded on the public record and is binding on all current and future owners. (A) The restriction would not be for the present owner only. (C) The original developer normally establishes the deed restrictions. (D) The homes association normally can bring an action asking for enforcement of the deed restrictions.

What is the purpose of a master plan? A » To insure safety in construction B » To guide in the future development of cities C » To give developers a way to make subdivisions uniform D » To allow cities a way to acquire private property in the future if needed

(B) A master plan is a plan for the cities future growth. (A) Building codes are designed to insure safety in construction. (C) Private deed restrictions allow developers to make a subdivision look a certain way. (D) Eminent domain allows a government entity to take private property for public good.

Which of the following would be true regarding special assessment taxes? A » These are also called ad valorem taxes B » If not paid, the property could be sold at a foreclosure sale C » They are paid one time at closing D » They are generally for the good of the entire community in raising money for police and fire protection

(B) A special assessment tax is a real estate tax and if not paid, the property could be auctioned off. (A) Ad valorem (based on value) taxes are for the general assessment tax, not a special assessment tax. (C) Special assessment taxes are normally paid each year for a certain number of years by the owners of the properties that have been improved. (D) Special assessment taxes are normally to cover the cost of sewers and sidewalks whereby general assessment taxes are to cover public good items such as police and fire protection.

Six miles of curbs and gutters were installed to improve the properties in a certain area. The properties that were improved would most likely pay for the improvements through a: A » benevolent city fund B » special assessment tax C » general assessment tax D » improvements tax

(B) A special assessment tax is assessed on properties to pay for things such as sewers, sidewalks and gutters. (A) A benevolent city fund is a nonsense answer. (C) A general assessment tax is for an entire city and pays for things such as police protection, fire protection and roads. (D) An improvements tax is not a real estate term.

A person owns a property in an improvement district. An assessment roll has been confirmed for that area. The owner is in the process of selling the property. A buyer should be informed that: A » there will be future rezoning of the property B » this property will be subject to a special assessment tax C » building codes on this property will be stricter in the future D » the general assessment taxes will be higher in the future

(B) A special assessment tax is for improvements that affect certain properties. Here, in an improvement district, the assessment roll means that a special assessment tax will be levied against the property. (A) Rezoning is recommended through the zoning commission. (C) Building codes deal with safety in construction, not taxes. (D) The general assessment tax is a tax on land plus improvements - the more value (ad valorem) in the real property, the more one pays in taxes.

Improvements that benefit certain properties where only those improved property owners pay for the improvements are normally paid through a: A » general assessment tax B » special assessment tax C » one time charge to the owners D » bond issue

(B) A special assessment tax pays for improvements (sewers, sidewalks) that benefit certain properties. (A) A general assessment tax is an ad valorem (based on value) tax on land plus improvements. (C) Owners don`t pay a one time charge. (D) A bond issue is normally to raise money to help first time home buyers.

A person builds a building without a building permit. What is the worst thing that could happen in this situation? A » The city would give the person an after the fact building permit B » The city would make the person tear the building down C » The city would make the person bring the building up to city code D » The person could apply for a variance

(B) As the person built without a permit, the worst thing that could happen would be for the city to make the them tear the building down. (A) Applying for a permit after the fact or (C) bringing the building up to city code would not be much of a problem. (D) A variance is trying to change the use of a property after the zoning is already in place.

What kind of value does the government use in raising money for operations? A » Appreciated value B » Depreciated value C » Assessed value D » Original purchase price

(C) An assessed value is used in applying a tax rate and raising money for the government. (A) Appreciated value is how much a property has gone up in value. (B) Depreciated value is the value after factoring in depreciation. (D) The original purchase price has nothing to do with current assessed value.

Private land uses are normally dictated by: A » title insurance B » appraisers C » private deed covenants D » judges

(C) Deed restrictions or covenants are placed by private parties (normally developers) dictating uses of the property, e.g., certain types of roofs and fences. (A) Title insurance insures a person`s title rights in a property. (B) Appraisers are used to estimate the value of a property. (D) Judges don't dictate private land uses.

The right of the government to keep things in order and provide for the health, safety and welfare of the general public is called: A » taxation B » escheat C » police power D » eminent domain

(C) Police power allows the government to keep things in order, e.g., zoning ordinances and building codes. (A) Taxation is where the government can tax real estate. (B) Escheat is when a person dies with no will and no heirs (or abandons the property) and the property goes to the state government. (D) Eminent domain is where the government can take private property for public good.

The authority the government has to require that all buildings for human living have restrooms is called: A » eminent domain B » taxation C » police power D » escheat

(C) Police power is where the government keeps things in order; e.g., zoning ordinances and building codes - restrooms would fall under this. (A) Eminent domain is the right of the government to take private property for public good. (B) Taxation deals with the government being able to tax real property. (D) Escheat is when a person dies with no will and no heirs (or abandons the property) and the property goes to the state government.

Mr. X bought a house in an area that restricted fences. He then bought a dog and began constructing a fence. What remedies do the neighbors have? A » Eminent domain B » Police power C » File a private suit in court D » Building code enforcement

(C) The neighbors can sue based on a violation of the deed restrictions. Eminent domain (A) is the RIGHT of the government to condemn the property. Police power (B) is the government`s right to control usage of a property. Building code enforcement (D) comes from the government's police power.

The purpose of laws allowing for the state to take property through escheat is to: A » allow the property to be purchased cheaply by the state B » provide for more public land C » prevent land from becoming ownerless D » allow for the assessment of taxes

(C) When one dies with no will and no heirs (in essence, abandons the property) , the land will have no one claiming ownership and become wasted. Therefore, the state will take ownership and then sell to a new owner, thus ensuring continued use of the land. (A) The property goes to the state government and is not purchased at all. (B) Escheat laws are NOT to provide for public land, but rather use the land for some kind of good, private or public. (D) Taxing real estate is a government right but deals nothing with escheat laws.

Which of the following would be the BEST example of a buffer zone? A » An agricultural property between multi-family dwellings and a commercial property B » A single family property between two commercial properties C » A single family property between a multi-family dwelling and a commercial property D » A park between a high-rise apartment building and an industrial area

(D) A buffer zone is primarily to separate residential property from commercial property; therefore, a park between an apartment and industrial use is the best answer. (A) An agricultural property between multi-family and commercial is not as good a buffer as a park. (B) Single family between commercial properties would not be a buffer at all. (C) Single family between multi-family and commercial would also not be a buffer.

If all factors regarding zoning, supply, demand, etc., were the same, for what type of property would a parking lot be the most valuable? A » A property zoned for a 2-story apartment building B » A property zoned for a house C » A property zoned for a 3-story warehouse D » A property zoned for a 6-story office building

(D) A parking lot would be most valuable for a 6-story office building because of the density of people that would use the building, thus requiring the parking. (A) A 2-story apartment and (C) 3-story warehouse would require parking but would not have the same density of people as a 6-story office building. (B) A house would not really need a parking lot.

What is the purpose of a private deed restriction? A » To control the use of a property for a maximum of 25 years B » To control the zoning of the property in the future C » To control ownership of property in the future D » To control permitted uses of the property

(D) Private deed restrictions, such as type of fences, roofs, etc., do control permitted uses of the property. (A) Deed restrictions are binding on future owners period, not just for 25 years. (B) Zoning laws are passed by the government, whereas deed restrictions are placed by private parties. (C) Deed restrictions are NOT to control ownership, rather to control permitted uses.

What is the purpose of zoning regulations? A » To allow for taxation on real estate B » To allow the government to take private property for public good C » To determine the type of construction materials that can be used in a certain area D » To implement the master land plan

(D) The master land plan is a plan for a city's future growth. The master land plan lays out areas for residential, commercial, etc., which is why there are zoning regulations to make sure this comes to reality. (A) Zoning and taxation are two separate issues. (B) Eminent domain allows the government to take private property for public good. (C) Building codes determine the type of construction materials that can be used.

Where would one look to find out what type of structure is allowed to be built on a certain piece of ground? A » Title policy B » Plat map C » Abstract D » Zoning ordinances

(D) Zoning ordinances stipulate what type properties may be built on each piece of land. (A) A title policy insures against title defects. (B) A plat map records a subdivision on the public record. (C) An abstract is a detailed history of the property.