47. 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 must seek a zoning variance because the property is currently zoned for single-family residential use. This process allows the owner to request permission to deviate from the zoning regulations.
A) petition the circuit court for relief.
Petitioning the circuit court for relief is not the appropriate step in this scenario. This option typically pertains to legal challenges against zoning decisions rather than the process of obtaining permission to change the use of a property.
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 action for the new owner. This process involves formally requesting permission to use the property for a purpose that is not allowed under the current zoning classification, which is essential for legalizing the two-family residence.
C) destroy the current structure and build a two-family residence.
Destroying the current structure and building a new two-family residence is not a viable option unless the zoning allows for such a development. This choice ignores the necessity of legal compliance with existing zoning laws and would likely be a costly and unnecessary step.
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 change the zoning classification. This action does not provide legal authority to use the property in a manner inconsistent with the zoning regulations, and thus would not resolve the issue.
Conclusion
The correct answer, obtaining a zoning variance, is essential for allowing the property to be used as a two-family residence legally. All other options fail to address the requirement of adhering to zoning laws, either by misunderstanding the legal process or proposing actions that do not resolve the zoning issue.