Bar Exam — MBE (Multistate Bar Exam)Real PropertyMedium
A city enacted a zoning ordinance that prohibited any new commercial development within a specific residential zone. Prior to the ordinance's enactment, a small grocery store had operated lawfully in that zone for 30 years. After the ordinance, the owner of the grocery store wished to expand the building by 20% to add a deli counter. The city denied the expansion, citing the new zoning ordinance. Which of the following best describes the grocery store's situation regarding the zoning ordinance?
- AThe grocery store is a legal nonconforming use, and its expansion can be denied.
- BThe grocery store has a vested right to expand due to its long-standing operation.
- CThe grocery store has an implied variance, allowing it to expand.
- DThe grocery store is a nuisance and can be shut down by the city.
Show answer & explanationAnswer & explanation
Correct answer: A. The grocery store is a legal nonconforming use, and its expansion can be denied.
A legal nonconforming use is a use that was lawful before a zoning ordinance made it unlawful. While such uses are generally permitted to continue, they are often subject to restrictions on expansion or alteration, as the policy is to gradually eliminate nonconforming uses.
Why the other options are wrong
- B. Vested rights typically refer to the right to complete a project once substantial steps have been taken, not an automatic right to expand a nonconforming use.
- C. An implied variance is not a recognized legal concept; variances are explicitly granted by zoning boards.
- D. Operating a grocery store is not inherently a nuisance, and it was a lawful use before the ordinance.
Legal Nonconforming Use
A land use that lawfully existed prior to the enactment of a zoning ordinance but does not conform to the new zoning requirements.
- Generally permitted to continue, but often subject to restrictions.
- Restrictions typically include limits on expansion, alteration, or reconstruction after destruction.
- Policy aims to gradually eliminate such uses over time.
Memory trick: Old Use, New Rules, No Expand