ch6 Flashcards

1
Q

The constitutional right to regulate private property for the protection of the public health, safety, morals, and general welfare is known as:

A

police power.

The constitutional right (power) of the government to regulate the use of private property is known as police power. Police power is given to the government to protect the health, safety, morals, and general welfare of the public.

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2
Q

The comprehensive long-term proposal for development of property in Nevada is known as:

A

the comprehensive plan.

The comprehensive long-term proposal for development of property in Nevada is known as the comprehensive plan.

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3
Q

What are the specific set of rules and regulations that implement a jurisdiction’s comprehensive plan?

A

Zoning laws

Zoning ordinances are created by cities and counties to regulate the way in which land within their jurisdiction is used. Zoning laws are the specific set of rules and regulations that implement the jurisdiction’s comprehensive plan.

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4
Q

When property is down-zoned, a conflict is sometimes created between the new zoning and land uses that already exist. When this occurs, the pre-existing conflicting use is referred to as a:

A

nonconforming use.

When a new zoning ordinance is enacted, particularly when property is down-zoned, a conflict is sometimes created between the new ordinance and land uses that already exist. When this occurs, the pre-existing conflicting use is referred to as a nonconforming use.

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5
Q

Laws that set standards for construction methods and materials are contained within the:

A

building codes.

Building codes set standards for construction. Building codes are an exercise of police power and protect the public from unsafe or substandard construction.

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6
Q

Enforcement of the laws setting standards for construction methods and materials is accomplished by:

A

the building permit system.

Enforcement of the building code is accomplished through the building permit system, which allows government officials to inspect the building plans for new construction, remodels, or additions, and to verify that building codes and zoning ordinances have been met before a certificate of occupancy is issued.

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7
Q

Generally, schools, hospitals, and churches are issued __________ by the zoning authority.

A

conditional use permits

Because there is no specific zoning category for special use buildings, such as hospitals and schools, the zoning authority will issue a limited number of conditional use permits to accommodate the community needs.

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8
Q

A standard subdivision is defined as:

A

one in which there is no common ownership and consists of five or more parcels.

A standard subdivision is one in which there is no common ownership and consists of five or more parcels

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9
Q

CC&Rs are restrictions on the use of land created by:

A

zoning ordinances.

CC&Rs, also know as Covenants, Conditions, and Restrictions, are private restrictions placed on the use of land in a deed or land sales contract. CC&Rs are usually placed on the land by the developer.

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10
Q

When a subdivision of property includes the ownership or leasehold interest of individual lots or units, along with a shared or undivided interest in common areas of the development, it is known as a:

A

common interest subdivision.

When a subdivision of property includes the ownership or leasehold interest of individual lots or units (includes condominiums, cooperatives, etc.) and includes a shared or undivided interest in the common areas of the development, the subdivision is known as a common interest subdivision. In Nevada these common interest subdivisions are also referred to as common interest communities.

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11
Q

The power to take private property for public use is known as:

A

eminent domain.

Eminent domain is the right of the federal, state, or local governments, and private entities that serve the public, such as a utility company, if so empowered by the state, to acquire title to private property for public use by a process known as condemnation.

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12
Q

Real property taxes become a lien on:

A

July 1.

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13
Q

The real property tax year in Nevada is:

A

The tax year is from July 1 to June 30.

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14
Q

Zoning will control all of the following, EXCEPT:

A

the minimum sale price of a property.

Zoning ordinances control the height, placement on the lot with reference to required setbacks, and type of use. Zoning ordinances do NOT control pricing.

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15
Q

The timeshare law is administered by:

A

the Nevada Real Estate Division.

The purchase and sale of timeshares is governed by NRS 119A and NAC119A. The timeshare law is administered by the Nevada Real Estate Division.

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16
Q

A form of ownership wherein several buyers purchase undivided interests in real property with a right to use that property for a specific period is known as a:

A

timeshare.

A timeshare is the right to use and occupy a unit of real property for a specified period each year. Timeshares may either be a nonfreehold estate or a freehold estate. In the case of a nonfreehold estate, the individual purchasing the timeshare has only a right to use a unit of real property for a specified period each year for a limited period of years.

17
Q

One of the basic goals of land use planning by way of zoning ordinances is to:

A

control population density.

A few of the basic goals in land use planning are controlling population growth and density; ensuring compatible uses in neighboring properties, preserving access to light and air; and ensuring that natural geological conditions will not endanger a particular use.

18
Q

A developer or subdivider of a subdivision must obtain a permit (license) before offering property for sale. To obtain the permit, the developer or subdivider must submit a:

A

Statement of Record.

To obtain a permit, the developer must submit a Statement of Record which is an application that includes extensive disclosures about the property. The form of the statement, the exhibits, and other required material is set forth in the statute.

19
Q

A variance is generally sought when:

A

an owner of property needs a small exception to the permitted use, which, if the zoning law were strictly enforced, would create a hardship for the owner beyond the benefit of the strict enforcement.

Many times what an owner wants to do with the property does not require a change to the zone, but an exception to the permitted use, which, if the zoning law were strictly enforced, would create a hardship for the property owner beyond the benefit of enforcing the strict letter of the zoning law. To prevent an owner from suffering such a hardship, the owner can apply for a variance, which is authorization to build a structure that is otherwise prohibited by the zoning ordinance.

20
Q

A tax imposed for the transfer of real property within Nevada is known as the:

A

Real Property Transfer Tax.

Nevada imposes a Real Property Transfer Tax upon the transfer of any real property in the state. The County Recorder is responsible for the imposition and collection of the tax before the transfer is recorded. The Grantor and Grantee are jointly and severally liable for the payment of the tax. When all taxes and fees required are paid, the deed is recorded.