Land Use & ZoningIntermediateArizona Exam

A 'nonconforming structure' in Arizona zoning is one that:

AFails to meet current energy efficiency or ADA accessibility standards, requiring the owner to bring the building into compliance before any change of occupancy

BWas legally built under prior regulations but does not conform to current setback, height, or bulk requirementsCorrect

CIs used for a purpose that was lawfully established under prior zoning but is no longer permitted in the current applicable zoning district

DWas constructed under a building permit that has since been revoked, making the structure legally deficient and subject to a mandatory retroactive variance process

Why Was legally built under prior regulations but does not conform to current setback, height, or bulk requirements Is Correct

Answer B: Was legally built under prior regulations but does not conform to current setback, height, or bulk requirements

A nonconforming structure (as distinguished from nonconforming use) is a building that was legally constructed under prior zoning standards but does not conform to current dimensional requirements (setbacks, height, coverage).

Key Land Use & Zoning Terms in This Question

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Variance

Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.

People Also Study

Key Terms to Know

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Variance

Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.

Eminent Domain

The power of government to take private property for public use, with the requirement to pay the owner just compensation.

Adverse Possession

A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.