Real Estate · Land Use Controls and Regulations

What is a legal nonconforming use?

Correct answer

A use that was lawful when established but no longer conforms to a later zoning change, and is generally allowed to continue ('grandfathered') under conditions

  1. A A use that violates current zoning and must be removed immediately
  2. B A use that was lawful when established but no longer conforms to a later zoning change, and is generally allowed to continue ('grandfathered') under conditions
  3. C A use that requires a brand-new building permit
  4. D Any commercial use in a residential zone

Why this is the answer

A legal nonconforming use exists when a property's use was permitted under the zoning in effect when it began, but a later change in the zoning ordinance no longer allows that use. Rather than forcing immediate removal, zoning law generally lets the use continue as 'grandfathered,' though typically with limits — the owner usually cannot expand it, rebuild it if destroyed, or resume it after it has been abandoned. This differs from a variance (permission to deviate from current zoning) and a conditional use permit (a use allowed in a zone if specific conditions are met). The concept frequently appears in land-use questions on the national exam.
Source: Real Estate Principles, Zoning and Nonconforming Use

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