Land Use & Zoning
In New Mexico, a 'non-conforming use' that predates current zoning regulations:
AMust be immediately shut down
BMay continue but typically cannot be expanded or rebuilt if substantially destroyed✓ Correct
CAutomatically receives a variance
DBecomes the new zoning standard
Explanation
Legal non-conforming uses (grandfathered uses) may continue but are subject to limitations: they cannot be expanded, intensified, or in most cases, rebuilt if destroyed beyond a certain threshold (often 50% of value).
Related New Mexico Land Use & Zoning Questions
- A New Mexico homeowner in an HOA-governed subdivision wants to paint their house a non-approved color. The HOA's authority to prohibit this comes from:
- In New Mexico, 'inclusionary zoning' requires developers to:
- Which of the following describes 'spot zoning' and why it may be legally challenged in New Mexico?
- A 'form-based code' used in some New Mexico municipalities emphasizes:
- In New Mexico, subdivision regulations typically require a developer to submit:
- Spot zoning refers to:
- In New Mexico, an easement appurtenant benefits:
- In New Mexico, 'density bonuses' for affordable housing allow developers to:
Practice More New Mexico Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free New Mexico Quiz →