Randy's Brake Service has been located on the same corner in Mesa, Arizona for 48 years. When Randy's father opened the business, the area had no zoning. When zoning laws were passed in 1969, the area in which Randy's was located was zoned for retail sales but not for industrial. Car repair services are considered industrial uses under the master zoning plan. Suppose that Randy began selling auto parts and stopped doing repairs. Five years later the parts business is not so good and Randy begins doing repairs again. The city has brought suit seeking an injunction against the use of the business for repairs. Which of the following is accurate?

Question

Quizplus · Accepted Answer

Abandoning a nonconforming use, such as switching from car repairs to selling auto parts, and then attempting to return to the original use after a significant period, can result in the loss of the exemption from zoning compliance. This means Randy cannot automatically revert to the nonconforming use (car repairs) after having abandoned it for another type of business (auto parts sales).

Randy's Brake Service Has Been Located on the Same Corner