Reliable local information confirms that an office use violates the applicable ordinance, with no applicable approval or lawful nonconforming right. The current office use is:
Correct Answer
B) An illegal use
The stipulated violation with no applicable authorization or lawful continuing right is an illegal use. A district label alone would not establish this. A conforming use complies with applicable requirements; a conditional-use approval or lawful nonconforming status requires its actual legal basis. Investigate relevant market and enforcement effects rather than assuming a fixed value consequence.
Why This Is the Correct Answer
Option B is correct because the office use is confirmed to violate the applicable ordinance and has neither an applicable approval nor a lawful nonconforming right. A use that violates zoning without any legal authorization is an illegal use. Fannie Mae requires the appraisal to indicate whether the property is a legal conforming, legal nonconforming or illegal use.
Why the Other Options Are Wrong
Option A: A conforming use
Option A, a conforming use, is wrong because a conforming use complies with the applicable requirements. This office use is confirmed to violate the ordinance.
Option C: A conditional use permit
Option C, a conditional use permit, does not apply because the facts state there is no applicable approval. A conditional use requires an actual permit or approval, which this use lacks.
Option D: A legal non-conforming use
Option D, a legal non-conforming use, requires a lawful right to continue, such as a use that was legal before a zoning change. The facts state there is no lawful nonconforming right, so the use is not legal nonconforming.
No right, no legal use
A use that breaks the ordinance needs a permit or a grandfathered right to be legal. With neither, it is illegal.
How to use: Use this to sort zoning compliance questions by asking whether any legal basis exists.
Exam Tip
Read the facts for words like grandfathered, approved or permitted. When the stem rules out every legal basis, the answer is illegal use.
Common Mistakes to Avoid
- -Calling any existing use grandfathered without checking its legal basis
- -Confusing a conditional use permit with a use that has no approval
- -Assuming a fixed value penalty for an illegal use
Concept Deep Dive
Analysis
This question tests zoning use classifications that appraisers must report. When reliable information confirms a use violates the ordinance with no approval and no lawful nonconforming right, the use is illegal. The appraiser then investigates the market and enforcement effects rather than assuming a set outcome.
Background Knowledge
Appraisers classify the subject's zoning compliance as legal conforming, legal nonconforming (grandfathered), illegal, or no zoning. A legal nonconforming use was lawfully established but no longer meets current rules. A property should not be appraised on the basis of an illegal use.
Real-World Application
An appraiser learns from the planning department that a home in a residential district has been converted to a law office without approval, and the use was never permitted. The appraiser reports the office use as illegal. The appraiser then considers the residential use and investigates any market and enforcement effects.
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