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An interim use is best defined as:

Correct Answer

D) A temporary use held until the best use is feasible

An interim use is a supportable temporary use pending a reasonably probable future use becoming feasible. It still must satisfy applicable legal, physical and economic conditions. A use requiring a permit or having lawful nonconforming status is not necessarily interim.

Answer Options
A
A use that requires special permits to operate
B
A use that violates the applicable zoning rules
C
A use that is legally non-conforming but allowed
D
A temporary use held until the best use is feasible

Why This Is the Correct Answer

Option D is correct because an interim use is a temporary use held until the reasonably probable future best use becomes feasible. It is the use to which a parcel is put before its transition to a future highest and best use. The interim use still must meet applicable legal, physical and economic conditions.

Why the Other Options Are Wrong

Option A: A use that requires special permits to operate

Option A is wrong because requiring special permits to operate does not define an interim use. A use that needs a permit may be permanent, and an interim use may need no special permit.

Option B: A use that violates the applicable zoning rules

Option B is wrong because an interim use is not defined as one that violates zoning rules. An interim use should be legally permissible like any use considered in highest and best use analysis.

Option C: A use that is legally non-conforming but allowed

Option C is wrong because a legally non-conforming use that is allowed is a different concept. Nonconforming status describes a use that no longer fits current zoning, which is not necessarily temporary or awaiting a future use.

Interim means in the meantime

An interim use fills the meantime until the future best use is ready. It is a placeholder, not a violation or a permit category.

How to use: Use the in-the-meantime link when a question asks you to define interim use.

Exam Tip

Look for the words temporary and future use in the answer. Options about permits or zoning status describe other concepts.

Common Mistakes to Avoid

  • -Confusing an interim use with a legal nonconforming use
  • -Assuming an interim use can ignore legal requirements
  • -Defining interim use by permit requirements

Concept Deep Dive

Analysis

This question tests the definition of an interim use in highest and best use analysis. An interim use is a temporary use of a property until its future highest and best use becomes feasible. It is not defined by permits, zoning violations or nonconforming status.

Background Knowledge

Highest and best use analysis considers what use is legally permissible, physically possible, financially feasible and maximally productive. When the ultimate use is not yet feasible, for example because demand has not arrived, the property may be held in an interim use, such as a parking lot awaiting development.

Real-World Application

A downtown lot is expected to support a mid-rise building once demand grows, but that development is not yet feasible. Meanwhile it operates as a surface parking lot, which the appraiser identifies as an interim use.

interim usehighest and best usetransitional usenonconforming usefeasibility
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