Georgia Real Estate Salesperson Practice Exam

Which situation most likely represents an illegal nonconforming use?

1. A homeowner in a residential zone operates a daycare

2. A homeowner in a residential zone converts her residence to a private school

3. An owner of property in a commercial zone opens a restaurant

4. A property owner adds a garage to a historical home

The correct answer is: A homeowner in a residential zone converts her residence to a private school

The situation in which a homeowner in a residential zone converts her residence to a private school most likely represents an illegal nonconforming use. A nonconforming use occurs when a property is used in a manner that does not comply with current zoning regulations, often due to changes in zoning laws over time. In many jurisdictions, residential zones are specifically designed for single-family homes and may have restrictions against commercial activities, including running a school. If the homeowner transforms the residence into a private school, it would conflict with the intended use of that residential zone, thereby making it an illegal nonconforming use. The operations of a private school would typically require a different zoning classification that accommodates educational institutions, thus rendering the conversion inappropriate under current zoning laws. The other situations involve uses that might still align with acceptable practices within their respective zoning classifications or may fall within allowable exceptions. For example, operating a daycare may be permitted under certain conditions in residential areas, and opening a restaurant in a commercial zone is usually lawful since it complies with the zoning regulations designed for commercial activities. Adding a garage to a historical home may also be permissible as long as it adheres to local regulations regarding historical buildings.