A commercial building in California was legally operating as a retail store before the city changed the zoning to residential only under its general plan update required by Government Code §65300. The store owner wants to continue operating. Under California Government Code §65860 (zoning consistency requirement), what is the status of this use?
Correct Answer
C) The store is a legal nonconforming use and may continue to operate
Under California Government Code §65860 (which requires zoning to be consistent with the general plan) and established California zoning law, a use that was lawful before a zoning change is classified as a legal nonconforming use (also called a 'grandfathered' use). The property owner may continue the existing use even though it does not conform to the new zoning. However, the nonconforming use generally cannot be expanded, and if discontinued for a period specified in the local ordinance, the right may be lost.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.
An easement by prescription is acquired through continuous, open, notorious, hostile, and uninterrupted use of another's land for a statutory period. It is similar to adverse possession but grants use rights, not ownership.
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
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