Land Use & ZoningIntermediateCalifornia Exam

A gas station existed legally before the surrounding area was rezoned to residential. The gas station is allowed to continue operating as a:

AVariance, as typically applied by local planning authorities

BSpot zone, consistent with standard land use regulation

CNonconforming useCorrect

DConditional use, per standard municipal zoning practice

Why Nonconforming use Is Correct

Answer C: Nonconforming use

A nonconforming use (also called a legal nonconforming use) is one that existed lawfully before a zoning change and is allowed to continue even though it no longer conforms to current zoning. Typically, if the use is discontinued or the structure is substantially destroyed, the nonconforming status is lost.

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.

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Key Terms to Know

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.

Zoning

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

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.

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