The applicable ordinance expressly permits single-family dwellings in the subject’s R-2 district, and this dwelling satisfies the relevant requirements. Its single-family use is:
Correct Answer
B) A conforming use
The use is conforming under the stipulated ordinance and compliance facts. A district label or relative density alone does not establish permitted uses; local codes can use different labels and cumulative or exclusive rules. Nonconforming status, illegality or required correction cannot be inferred merely because the district also permits multifamily use.
Why This Is the Correct Answer
Option B is correct because the ordinance expressly permits single-family dwellings in the R-2 district and the dwelling satisfies the relevant requirements. A use that is permitted and compliant is a conforming use. Fannie Mae requires the appraisal to state whether the use is legal conforming, legal nonconforming, illegal or in an area with no zoning.
Why the Other Options Are Wrong
Option A: A non-conforming use
Option A, a non-conforming use, is wrong because a nonconforming use is one that is not permitted under current zoning but may be allowed to continue. Here the ordinance expressly permits single-family use and the dwelling complies.
Option C: A zoning violation
Option C, a zoning violation, is wrong because a use expressly permitted by the ordinance that meets its requirements does not violate zoning.
Option D: An illegal use
Option D, an illegal use, is wrong because illegal use means the use is not allowed under the zoning regulations. This single-family use is expressly permitted and compliant.
Permitted and compliant equals conforming
If the ordinance allows the use and the property meets its requirements, the use conforms, whatever the district is called.
How to use: Use this to classify zoning status from the stated ordinance facts.
Exam Tip
Read what the ordinance actually permits; do not assume a single-family home is nonconforming just because the district also allows multifamily.
Common Mistakes to Avoid
- -Assuming a lower-density use is nonconforming in a district that also allows higher density
- -Inferring permitted uses from the district label alone
- -Confusing legal nonconforming with illegal use
Concept Deep Dive
Analysis
This question tests zoning conformity terms. The ordinance expressly permits single-family dwellings in the R-2 district and the dwelling meets the requirements, so the use conforms. The reasoning is to rely on the stated ordinance and compliance facts rather than the district label or density.
Background Knowledge
Zoning ordinances list the uses permitted in each district. A use that meets the current rules is conforming, a use that predates the current rules and is allowed to continue is legal nonconforming, and a use that is neither is illegal. District labels vary by locality, so the appraiser reads the actual ordinance.
Real-World Application
An appraiser values a single-family house in a district labeled R-2 that also allows duplexes. After confirming the local ordinance lists single-family dwellings as a permitted use and the lot meets its standards, the appraiser reports the zoning as legal conforming.
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