52. A buyer purchases a property zoned for single-family residential use that was converted to two-family use 2 years ago. To legally use the property as a two-family residence, the new owner must first
Answer: B
The new owner must obtain a zoning variance from the local zoning board of appeals.
In order to legally use a property zoned for single-family residential use as a two-family residence, the new owner must obtain a zoning variance. This process allows for an exception to the existing zoning regulations, enabling the property to be used in a manner that differs from its original zoning classification.
A) petition the circuit court for relief.
Petitioning the circuit court for relief is not the appropriate action for the new owner. This option generally pertains to legal disputes or issues requiring judicial intervention, rather than addressing zoning variances, which are handled at the local level by zoning boards.
B) obtain a zoning variance from the local zoning board of appeals.
Obtaining a zoning variance from the local zoning board of appeals is the correct course of action. This variance would allow the new owner to legally convert the property to a two-family residence, as it provides the necessary approval to deviate from the existing single-family zoning requirements.
C) destroy the current structure and build a two-family residence.
Destroying the current structure and rebuilding a two-family residence is not necessary and would be an impractical approach. This option does not address the zoning issue, as the property would still require a variance to be legally used as a two-family home.
D) document the property as a two-family residence on the deed.
Documenting the property as a two-family residence on the deed does not resolve the zoning issue. Even with this documentation, the property would still be subject to the original zoning laws unless a variance is obtained, meaning this action alone would not grant legal permission for the two-family use.
Conclusion
The necessity of obtaining a zoning variance is essential for the new owner to comply with local zoning laws regarding property use. While other options may seem appealing, they do not effectively address the legal requirements for altering the property's zoning status. Thus, obtaining a variance is the only viable solution to convert the single-family residence into a legal two-family dwelling.