A hypothetical local ordinance permits either a single-family house or duplex on the site. The existing single-family house complies with all current rules. Which statement is supported?
Correct Answer
A) It is a conforming use; added units need feasibility analysis
The current house is a lawful permitted use under the stated local facts, while some allowed capacity is unused. That does not prove adding units is financially feasible or most productive. Neither illegality nor lawful nonconforming status follows when the use conforms to current rules.
Why This Is the Correct Answer
Option A is correct because the existing single-family house is a permitted use that complies with all current rules, so it is conforming. The unused capacity for a duplex does not prove that adding units is financially feasible or most productive, which requires analysis.
Why the Other Options Are Wrong
Option B: It is now illegal and must be converted to a duplex
Option B says the house is now illegal and must be converted to a duplex. The ordinance permits a single-family house and the house complies, so it is not illegal and no conversion is required.
Option C: It is a legal nonconforming use since a duplex is allowed
Option C calls it a legal nonconforming use because a duplex is allowed. A legal nonconforming use is one that no longer meets current rules, but this house complies, so it is conforming.
Option D: It is an underimprovement to be valued as vacant land
Option D treats it as an underimprovement to be valued as vacant land. Unused zoning capacity alone does not show the improvements lack contributory value or that vacant-land valuation is appropriate; that requires highest and best use analysis.
Allowed and compliant means conforming
If current rules allow the use and the property complies, it conforms; extra allowed units are only an option to test.
How to use: Use this to classify a use as conforming or nonconforming.
Exam Tip
Reserve legal nonconforming for uses that fail current rules but were lawfully established; a compliant permitted use is conforming.
Common Mistakes to Avoid
- -Calling a compliant use legal nonconforming because other uses are allowed
- -Assuming unused density makes the current improvement an underimprovement
- -Equating legally permissible with financially feasible
Concept Deep Dive
Analysis
This question tests the meaning of a conforming use and the difference between legal permissibility and highest and best use. A use permitted under current rules is conforming, even if the zoning would also allow more units.
Background Knowledge
A conforming use meets current zoning, while a legal nonconforming use was lawful when established but no longer meets current rules. Highest and best use requires testing legal permissibility, physical possibility, financial feasibility and maximum productivity, so permitted density alone does not decide the most productive use.
Real-World Application
An appraiser values a single-family house in a district that also allows duplexes. The appraiser reports the use as legal conforming and tests whether adding a unit would be financially feasible before drawing any highest and best use conclusion.
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