Which of the following would NOT typically be considered in physically possible analysis for highest and best use?
Correct Answer
A) Current zoning restrictions
Current zoning is a legal-permissibility issue. Soil, slope, site dimensions and service feasibility bear on physical possibility. The screens interact in practice; a physically feasible design still needs legal and financial support.
Why This Is the Correct Answer
Option A is correct because current zoning restrictions belong to the legally permissible test. A legally permissible use is one that is currently allowed or most probably allowable under applicable laws and regulations. Zoning is therefore not a physical characteristic of the site.
Why the Other Options Are Wrong
Option B: Soil conditions and topography
Option B, soil conditions and topography, is a physical feature that affects what can be built. Because it is part of the physically possible test, it is not the answer to this NOT question.
Option C: Availability of utilities
Option C, availability of utilities, affects whether a use can physically be served on the site. It is part of the physically possible analysis, so it is not the item excluded.
Option D: Size and shape of the lot
Option D, size and shape of the lot, directly limits what can physically fit on the site. It belongs to the physically possible test and is not the correct choice here.
Law versus land
Legal tests deal with the law, such as zoning; physical tests deal with the land, such as soil, slope, size and utilities.
How to use: Use law versus land to sort any factor into the legal or physical test.
Exam Tip
On NOT questions, find the one item that belongs to a different category. Here three items describe the site and one describes the law.
Common Mistakes to Avoid
- -Placing zoning under the physically possible test
- -Treating utilities as a legal rather than a physical factor
- -Missing the NOT in the question stem
Concept Deep Dive
Analysis
This NOT question tests the difference between the physically possible and legally permissible tests of highest and best use. Physical possibility looks at the site's size, shape, soil, topography and access to utilities. Zoning is a legal issue, so it is the item not typically part of the physically possible test.
Background Knowledge
Highest and best use is tested in four steps: legally permissible, physically possible, financially feasible and maximally productive. Physical possibility concerns site size, shape, soil, topography and utilities. Legal permissibility covers zoning, building codes and private restrictions; the tests interact in practice.
Real-World Application
An appraiser analyzing a vacant lot notes steep slopes and limited sewer access under physical possibility. The appraiser separately reviews the zoning code under legal permissibility. Both findings narrow the possible uses before financial feasibility is considered.
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A property is zoned for commercial use but currently improved with a single-family residence. The residence is in good condition and generates rental income. The highest and best use as improved would be:
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