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During an Arizona file audit in Pima County, a property's existing use predates a zoning change and the owner assumes that means every expansion is automatically allowed forever. Which statement should the broker communicate?

Correct Answer

C) a lawful nonconforming use may have limited status, but it should not be confused with unrestricted future expansion rights

Under Arizona land-use practice, a lawful nonconforming use may have limited status, but it should not be confused with unrestricted future expansion rights.

Answer Options
A
a nonconforming use gives unlimited expansion rights forever in that Arizona transaction
B
any zoning change immediately destroys all existing uses without analysis
C
a lawful nonconforming use may have limited status, but it should not be confused with unrestricted future expansion rights
D
nonconforming-use questions never arise in Arizona under current Arizona law

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Related Topics & Key Terms

Key Terms:

arizona_specificland_usenonconforming_useland_use_azaz_environmental_and_land_use

Related Concepts

Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.

Restrictive covenants, also known as CC&Rs (Covenants, Conditions & Restrictions), are private agreements written into deeds or HOA documents that limit how property can be used. They are enforced by property owners, not the government.

Setback requirements are zoning regulations that specify the minimum distance a building or structure must be set back from property lines, streets, or other boundaries. They ensure adequate light, air, and space between structures.

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