Land Use & Zoning
A Washington property owner has a nonconforming structure that is destroyed by fire. The structure exceeded the current height limit by 5 feet. The owner wants to rebuild identically. Under most Washington municipal codes, the owner:
AMay rebuild identically as a matter of right because it was nonconforming before
BGenerally may not rebuild the nonconforming height if it was more than 50–75% destroyed✓ Correct
CMust apply for a special exception from the city council
DHas a vested right to rebuild the nonconforming structure
Explanation
Most Washington municipal codes prevent rebuilding a nonconforming structure destroyed beyond a certain threshold (often 50–75%). The owner must rebuild in conformance with current zoning standards, including the height limit.
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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.
Right of First RefusalA contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.
Joint TenancyCo-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Tenancy in CommonCo-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.
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