California Real Estate Practice Exam

Which of the following is not a condition that may be required in re-zoning ordinances attempting to rid an area of nonconforming uses?

1. Allowing reasonable time, within which abuses may be eliminated

2. Prohibition of expansion

3. Prohibition of rebuilding

4. Retroactive zoning ordinances

The correct answer is: Allowing reasonable time, within which abuses may be eliminated

The correct answer is that allowing a reasonable time to eliminate abuses is not a condition typically required in re-zoning ordinances aimed at phasing out nonconforming uses. Instead, re-zoning often includes stricter measures that need to be put in place to curb existing nonconformities and prevent further use that contradicts the new zoning designations. Re-zoning efforts typically focus on eliminating nonconforming uses as quickly as possible to maintain the integrity of the new zoning plan. The conditions that often accompany these ordinances include prohibiting the expansion of existing nonconforming uses, which helps ensure they do not grow or intensify, and prohibiting rebuilding after a structure is damaged, to prevent any reinstatement of the nonconforming use. Retroactive zoning ordinances refer to laws that affect previous actions or developments, which can create significant legal complications; such ordinances are generally not favored because they can be seen as unfair to property owners who complied with laws at the time of their property purchases or developments. Thus, the allowance of time for existing uses to continue operating can be seen as contrary to the intent of strict re-zoning, which aims for a rapid transition away from nonconforming uses to preserve the intended use of the area.