Do the neighbors have any recourse

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Reference no: EM131908974

1-A subdivision built in 1980 included covenants, conditions, and restrictions (CC&Rs) in the deeds for all properties. One covenant bans "all outdoor structures designed for the storage of equipment or as habitations for any animals." In 2008, a resident built a tool shed and a doghouse. The neighbors took no action for six years, but in 2014 they want the shed and doghouse destroyed. Do the neighbors have any recourse?

a. Yes, they can go to court and sue for monetary damages for violating the covenant.

b. Yes, they can go to court and be awarded injunctive relief.

c. No, under the doctrine of laches, the neighbors lost the right to enforce the restriction due to their delay in asserting it.

d. No, covenants such as this are usually considered to be unenforceable restrictions on the free transfer of property.

2. 2-A state delegates zoning powers to a municipality through

a. the Interstate Land Sales Full Disclosure Act.

b. eminent domain.

c. a comprehensive plan.

d. an enabling act.

3. 3- All of these could be included in a zoning ordinance EXCEPT

a. objectives for future development of the area.

b. permissible height and style of new construction.

c. style and appearance of structures.

d. the maximum allowable ratio of land area to structural area.

4. 4- A plat map is BEST described as

a. a detailed map that illustrates aesthetic preferences.

b. a detailed map that illustrates the geographic boundaries of individual lots.

c. a detailed map that illustrates where a variance might be allowed.

d. none of these.

5. 5-A city passed a zoning ordinance that prohibits all commercial structures over 30 feet high. A man wants to build an office building that will be 45 feet high. In order to obtain permission for the building, the man may apply for a

a. nonconforming use permit.

b. zoning permit.

c. conditional-use permit.

d. variance or zoning change.

6. 6-A woman would like to operate a business in her home, but she lives in an area zoned for residential use only. What should she do?

a. Request that the zoning board declare her home to be a nonconforming use

b. Ask a court to grant an injunction against the zoning board

c. Seek a conditional-use permit from the zoning board, if it is defined as allowable

d. Apply to the zoning board for a variance

7. 7- A man goes all over the country buying large tracts of vacant land, splitting them into smaller parcels, and building identical communities of single-family ranch-style homes surrounding a central shopping center. He sells the homes to residents and leases space in the shopping center to merchants. The man is

a. a developer only.

b. a subdivider only.

c. both a developer and a subdivider.

d. an assembler.

8. 8- Which of these BEST defines density zoning?

a. The mandatory use of clustering

b. The average number of units in a development

c. A restriction on the average number of houses per acre

d. A restriction on the average number of acres per parcel

9. 9- Before granting a zoning variance, a zoning board of appeals must

a. hold a public hearing where neighbors of a proposed use may voice their opinions.

b. conduct a door-to-door opinion survey of property owners adjacent to the proposed use.

c. check whether the landowner has been granted previous variances.

d. determine whether the proposed use will result in higher property taxes.

10. 10-All of these are common tests of a valid zoning ordinance EXCEPT

a. clear and specific provisions.

b. anticipation of future housing needs.

c. a nondiscriminatory effect.

d. all property owners being affected in a similar manner.

11. 11-A man owns a 2,000-acre tract of undeveloped woodland surrounding a scenic lake. He has divided the tract into 106 individual lots, ranging in size from 15 acres to 100 acres. He has also hired telemarketers to sell the lots to residents of the state and the three states with which it shares a common border. Based on these facts, how does the Interstate Land Sales Full Disclosure Act apply to the project?

a. The man must file a disclosure statement with HUD.

b. Because the man's project is not fraudulent, it is exempt from the requirements of the law.

c. This development project is exempt from the law because of the lot size exemption.

d. The man's project is exempt from the law because it is not being marketed outside a contiguous multistate region.

12. 12-Zoning ordinances affect all of these EXCEPT

a. lot sizes.

b. building heights.

c. style and appearance of buildings.

d. racial composition of neighborhood.

13. 13-A developer has included a playground and running trails between the commercial properties facing a busy street and the houses further back in the subdivision. The recreational area is considered

a. aesthetic zoning.

b. a buffer zone.

c. a taking.

d. a nonconforming use.

14. 14-When an area was rezoned as residential, a store was grandfathered in and allowed to continue business. This is an example of

a. a variance.

b. nonconforming use.

c. a conditional-use permit.

d. an amendment.

15. 15-A new structure has been completed to the satisfaction of the inspecting city engineer. What documentation must be issued before anyone can move in?

a. Appraisal report

b. Certificate of occupancy

c. Certificate of reasonable value

d. Conditional-use permit

Reference no: EM131908974

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