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Land Use Controls RegulationsZoning_and_planningMEDIUM

A repair shop became a legal nonconforming use after a city rezoned its block to residential. The shop then closed, removed its equipment, and remained vacant for 18 months. The ordinance states that a nonconforming use is lost after 12 months of abandonment. When the owner tries to reopen the shop, what is the most likely result?

Correct Answer

C) The owner has likely lost the nonconforming-use protection and must comply with current zoning

When a local ordinance provides that nonconforming-use rights are lost through abandonment, a lengthy vacancy and removal of business equipment can terminate the grandfathered status. After that loss, the parcel must comply with the current residential zoning rules.

Answer Options
A
The owner may reopen because the building still exists
B
The owner may reopen because zoning never applies to preexisting businesses
C
The owner has likely lost the nonconforming-use protection and must comply with current zoning
D
The owner is entitled to automatic rezoning back to commercial

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Related Topics & Key Terms

Key Terms:

nonconforming_useabandonmentrezoninggrandfathered_usebusiness_closure
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