43. 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.
To legally use the property as a two-family residence, the new owner is required to obtain a zoning variance. This process allows the owner to seek permission to use the property in a way that deviates from the existing zoning regulations.
A) petition the circuit court for relief
This option is incorrect as petitioning the circuit court for relief is not the appropriate process for changing zoning classifications or uses. Zoning matters are typically handled through local zoning boards or commissions rather than the court system.
B) obtain a zoning variance from the local zoning board of appeals
This option is correct because a zoning variance is specifically designed to allow a property owner to use their property in a manner that is not permitted under the current zoning regulations. Since the property was converted to two-family use, the new owner must seek this variance to legally continue its use as a two-family residence.
C) destroy the current structure and build a two-family residence
This choice is incorrect because destroying the existing structure is not a necessary step in obtaining legal use of the property. The focus should be on obtaining the appropriate permissions rather than demolishing the property.
D) document the property as a two-family residence on the deed
This option is also incorrect as simply documenting the property as a two-family residence on the deed does not change the zoning classification. The legal use of the property must conform to local zoning laws, which requires obtaining a variance instead.
Conclusion
In summary, obtaining a zoning variance from the local zoning board of appeals is the definitive requirement for the new owner to legally use the property as a two-family residence. The other options either misinterpret the legal process involved or suggest unnecessary actions that do not address the zoning issue directly. Thus, option B is the only viable and legally sound choice.