A California property owner has a legal nonconforming commercial use in a zone that was rezoned to residential. The owner closes the business for 18 months due to health reasons and then wants to reopen. The city's zoning ordinance states that nonconforming uses that are discontinued for more than 12 months lose their nonconforming status. Under California law, what is the likely result?
Correct Answer
B) The nonconforming use has been abandoned, and the owner cannot reopen the commercial business
Under California zoning law, cities may establish reasonable time limits for the discontinuation of nonconforming uses. If the zoning ordinance specifies that nonconforming uses discontinued for more than 12 months lose their nonconforming status, the 18-month closure would exceed that limit. The nonconforming use right is likely lost, and the property must conform to current zoning.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An easement is a legal right to use another person's land for a specific purpose without owning it. It is a nonpossessory interest in real property that typically runs with the land.
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.
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