hard · National Real Estate Exam
A manufacturing plant lawfully operated as a permitted use. The city then rezoned the area exclusively residential, leaving the plant as a legal nonconforming use. The owner wants to (1) rebuild after a fire destroyed 70% of the structure, (2) modestly enlarge production capacity, and (3) switch from making textiles to assembling electronics.
Under the prevailing common-law approach to nonconforming uses, which combination is the property owner most likely entitled to do as of right under a typical ordinance?
- Continue and repair the existing use, but generally NOT rebuild a substantially destroyed structure, NOT expand the nonconforming use, and NOT change to a different nonconforming use
- Do all three, because a vested legal nonconforming use carries a full right to rebuild, expand, and change so long as the property remains in some commercial use
- Rebuild and expand as of right, but not change the use, because rebuilding and expansion merely continue the same grandfathered activity
- Change the use and expand as of right, but not rebuild, because the destroyed structure terminated the grandfather protection while the use right survived
Sign up free to see the explanation and track your rank →
More National Real Estate Exam practice
- A broker's employment contract with a seller is officially called the:
- What is the current status of the contract?
- A buyer defaults on a purchase agreement, and the seller chooses to keep the earnest money
- A buyer makes a written offer to a seller. Two days later, before the seller has responded
- A contract for the sale of a property is signed. Before closing, the property is destroyed
- A contract for the sale of real estate that has been signed by both parties is valid, but
- A contract that is valid and binding but allows one party to avoid the agreement because o
- A contract that is valid and enforceable until it is canceled by a party who was a victim