Before validating a proposed use, which constraint must be confirmed?

• A. Legally permissible use
• B. Maximally productive use
• C. Physically possible use
• D. Financially feasible use

Answer: (A)

The main concept is legal permissibility of use. Before you evaluate any proposed use, you must confirm it’s allowed under the property’s zoning and legal constraints. This means checking the zoning designation, what uses are by-right or require a variance, any deed restrictions or CC&Rs, building codes, environmental rules, and other legal limitations. If a use isn’t legally permissible, you can’t pursue it at all, even if it’s physically possible or financially attractive. Once legality is established, you then assess physical feasibility, financial feasibility, and, within those, which permissible use would be most productive.