A duplex operates legally in a zone later rezoned single-family. What is its status, and the key appraisal question?
Correct Answer
D) A legal nonconforming use — and whether it can be rebuilt if destroyed
Why this is correct: A duplex operating legally under a previous zoning code but now nonconforming is a 'legal nonconforming use.' A key appraisal issue is whether local ordinance allows it to be rebuilt to the same use if destroyed. Why the other choices are wrong: 'An illegal use that must be closed down within one year of rezoning' is wrong; legal nonconforming uses are generally allowed to continue. 'A variance, renewable on application' is wrong; a variance is a permission for a current violation, not a grandfathered use. 'A conditional use pending public hearing' is wrong; a conditional use is permitted under current zoning with conditions. Exam tip: For nonconforming uses, always check the ordinance's provisions on repair, expansion, and rebuilding.
Why This Is the Correct Answer
Why this is correct: A duplex operating legally under a previous zoning code but now nonconforming is a 'legal nonconforming use.' A key appraisal issue is whether local ordinance allows it to be rebuilt to the same use if destroyed. Why the other choices are wrong: 'An illegal use that must be closed down within one year of rezoning' is wrong; legal nonconforming uses are generally allowed to continue. 'A variance, renewable on application' is wrong; a variance is a permission for a current violation, not a grandfathered use. 'A conditional use pending public hearing' is wrong; a conditional use is permitted under current zoning with conditions. Exam tip: For nonconforming uses, always check the ordinance's provisions on repair, expansion, and rebuilding.
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