Land Use & ZoningIntermediateArizona Exam

In Arizona, a non-conforming use is a property use that:

AWas illegal when it first commenced but has been tolerated by the municipality for more than 10 years

BLegally existed before a new zoning ordinance made it non-compliant, and is allowed to continueCorrect

CRequires a conditional use permit or variance from the board of adjustment before it may continue operating under the new zoning code's standards

DMust be brought into full compliance with the new zoning ordinance within 5 years under an amortization period

Why Legally existed before a new zoning ordinance made it non-compliant, and is allowed to continue Is Correct

Answer B: Legally existed before a new zoning ordinance made it non-compliant, and is allowed to continue

A non-conforming use (or legal non-conforming use) is one that was legal when it was established but no longer complies with current zoning requirements. Such uses are generally allowed to continue ('grandfathered') but cannot be expanded.

Key Land Use & Zoning Terms in This Question

Amortization

The gradual repayment of a loan through scheduled periodic payments that cover both principal and interest.

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.