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Property DescriptionMEDIUM11.8% of exam

Reliable local information confirms an existing use was lawfully established and is currently permitted to continue as a legal nonconforming use. What follows for its HBU legal screen as continued?

Correct Answer

B) Meets the legally permissible test as a legal non-conforming use

A verified lawful nonconforming use can satisfy the legal screen for continuation. Rebuilding, expansion, discontinuance and conversion rights may differ and require investigation. Legal continuation alone does not establish financial feasibility or maximum productivity.

Answer Options
A
Cannot meet the legally permissible test under current zoning at all
B
Meets the legally permissible test as a legal non-conforming use
C
Must be valued as if it will be demolished in the near future
D
Cannot be appraised until zoning is formally changed by the authority

Why This Is the Correct Answer

A verified lawful nonconforming use can satisfy the legal screen for continuation. Rebuilding, expansion, discontinuance and conversion rights may differ and require investigation. Legal continuation alone does not establish financial feasibility or maximum productivity.

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