Land Use & ZoningIntermediateArizona Exam

In Arizona, a 'non-conforming use' that existed before a zoning change:

AMust be phased out within a reasonable amortization period after the rezoning—typically 5 to 10 years under local ordinance

BIs generally allowed to continue but cannot be expanded, and if discontinued for a specified period, the right to continue the non-conforming use may be lostCorrect

CAutomatically becomes a permitted use in the new zoning district because pre-existing uses are always grandfathered without restriction

DMay continue indefinitely once the owner applies for and receives a conditional use permit from the local zoning board of adjustment

Why Is generally allowed to continue but cannot be expanded, and if discontinued for a specified period, the right to continue the non-conforming use may be lost Is Correct

Answer B: Is generally allowed to continue but cannot be expanded, and if discontinued for a specified period, the right to continue the non-conforming use may be lost

Legal non-conforming uses (those that preexisted a zoning change) are protected as 'grandfathered' uses but typically cannot be expanded or intensified. If the use is abandoned or discontinued for a period specified by local ordinance (often 6 months to 2 years), the legal non-conforming status is lost and the use cannot be re-established.

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.

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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.

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.

Option Contract

A contract giving the buyer the right, but not the obligation, to purchase a property at a specified price within a specified time period.