District of Columbia Real Estate Broker Exam — All Questions
2 questions
A property was lawfully used as a corner grocery for years. A new zoning ordinance now designates the block strictly residential, but the grocery is allowed to keep operating. This continued use is best described as:
- a.A variance
- b.A legal nonconforming use✓
- c.A conditional use permit
- d.A regulatory taking
A use that was lawful before a zoning change but no longer complies with the new rules is a legal nonconforming use, often called 'grandfathered.' It may generally continue, though local rules often limit rebuilding or expansion. A variance is relief granted in advance for hardship; a conditional use permit authorizes a specified use within a district; and a regulatory taking is when regulation so restricts a property that compensation is owed. None of those describe simply continuing a pre-existing use.
A subdivision's recorded CC&Rs limit buildings to one story, while local zoning would permit two stories. Which limit controls a buyer's plans?
- a.Zoning always overrides private restrictions
- b.The buyer may choose whichever limit is more favorable
- c.The more restrictive of the two, so one story✓
- d.Neither applies until the buyer joins the HOA
When a public control (zoning) and a private control (deed restriction or CC&R) both apply, the more restrictive one governs. Here the CC&Rs are stricter, so the one-story limit controls even though zoning would allow two stories. Private restrictions run with the land and bind the buyer automatically upon purchase, regardless of HOA membership formalities. A broker must disclose known private restrictions that could defeat a buyer's intended use.