A commercial use was lawful before residential-only zoning was adopted. Local rules preserve it, and no abandonment or termination condition has occurred. What is its status?
Correct Answer
D) A legally nonconforming use that may continue
The facts stipulate that the commercial use was lawful before the zoning change and that local rules continue to permit it. It is therefore a legal nonconforming use. This does not automatically establish a variance, annual special permit or unrestricted expansion/rebuilding right. Actual continuation rights must be verified under the governing local rules.
Why This Is the Correct Answer
The facts stipulate that the commercial use was lawful before the zoning change and that local rules continue to permit it. It is therefore a legal nonconforming use. This does not automatically establish a variance, annual special permit or unrestricted expansion/rebuilding right. Actual continuation rights must be verified under the governing local rules.
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Sales of comparable vacant sites indicate a consistent price of $35 per square foot. The subject vacant site contains 12,000 square feet. What is the indicated land value?