A property owner wants to convert a single-family home to a duplex, but the current zoning only allows single-family use. The owner would need to obtain:
Correct Answer
B) An applicable lawful land-use approval, if available under the local rules
A building permit or occupancy certificate does not by itself authorize a use prohibited by zoning. Determine whether rezoning, a locally available approval or another lawful pathway can authorize the duplex. Some jurisdictions do not permit use variances; do not assume one is universally obtainable.
Why This Is the Correct Answer
Option B is correct because converting to a duplex where only single-family use is allowed requires an applicable lawful land-use approval, if available under local rules. Building permits and occupancy certificates do not by themselves authorize a use that zoning prohibits.
Why the Other Options Are Wrong
Option A: A certificate of occupancy for the duplex, in place of a zoning approval
Option A proposes a certificate of occupancy for the duplex in place of a zoning approval. A certificate of occupancy does not by itself authorize a use that zoning prohibits, so it cannot substitute for land-use approval.
Option C: A building permit for the conversion work, in place of a zoning approval
Option C proposes a building permit for the conversion work in place of a zoning approval. A building permit addresses construction, and it does not by itself make a prohibited use lawful.
Option D: An environmental review of the proposed second unit
Option D, an environmental review of the proposed second unit, does not address the zoning prohibition. Even if a review were required, the use would still need lawful land-use approval.
Zoning decides use, permits build
First zoning says what use is allowed; then permits say how to build it safely.
How to use: Use this to tell apart land-use approvals from construction permits.
Exam Tip
Avoid answers that substitute a building or occupancy permit for zoning approval, and note that some jurisdictions do not offer use variances.
Common Mistakes to Avoid
- -Assuming a building permit authorizes a prohibited use
- -Assuming a use variance is universally available
- -Valuing a proposed use without confirming legal permissibility
Concept Deep Dive
Analysis
This question tests the difference between zoning approval and construction or occupancy permits. A use prohibited by zoning requires a lawful land-use approval, such as rezoning or another locally available pathway, if one exists.
Background Knowledge
Zoning controls which uses are legally permitted, while building codes control how construction is done. Appraisers report whether the use is legal conforming, legal nonconforming, illegal or unzoned, and consider legal permissibility in highest and best use analysis.
Real-World Application
An investor asks an appraiser to value a single-family home as a duplex. The appraiser checks the zoning, finds duplexes are not permitted, and notes that the duplex scenario depends on a lawful land-use approval that may or may not be available.
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