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22. Why?
The board approved the woman's proposal.
The woman asked the city's zoning appeals board to approve her proposal to operate a court-reporting service from her house. This type of use would be permitted on the south side of the public street and, in fact, one such business has existed there for several years.
A woman owned a house on a lot abutting a public street. Six months ago, the city validly revised its zoning ordinances and placed the woman's lot and the surrounding lots abutting the public street from the north in a zone limited to residential use; the lots abutting the public street on the south side were zoned for both residential and light business use.
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B is incorrect. The doctrine of amortization is a means used to terminate a nonconforming use. A nonconforming use is a use that was in existence at the time of the zoning change, and was allowed at that time, but is not permitted under the new zoning. In this case, at the time of the zoning change the woman was using her house as a residence, and residential use was permitted under the new zoning. Thus, her use was not a nonconforming use at the time of the zoning change.
C is incorrect. The doctrine of change of circumstances is used to terminate an equitable servitude. An equitable servitude is a private restriction regarding the use of land. Zoning, on the other hand, is public land use regulation. As stated above, only a variance permits a waiver from a zoning requirement. Thus, the doctrine of changed circumstances is inapplicable in these circumstances.
D is incorrect. A nonconforming use is a use that was in existence at the time of the zoning change, and was allowed at that time, but is no longer permitted under the new zoning. At the time of the zoning change in this case, the woman was using her house as a residence, and residential use is still permitted after the zoning change. Thus, her use is not a nonconforming use. As explained above, a variance permits a waiver from a zoning requirement after the zoning requirement has been established.