McKissock Basic Appraisal Principles Practice Test

What is nonconforming use?

A use that will become legal after zoning change. A use that is temporarily allowed. A use that was legal when established but may not comply with current zoning, though may continue. A use that is explicitly prohibited by current zoning.

Correct Answer:

A use that was legal when established but may not comply with current zoning, though may continue.

Explanation:

Nonconforming use happens when a property is being used in a way that was legal before a zoning change, but that use doesn’t meet the current zoning rules. Because the use existed legally prior to the change, many places allow it to continue as a kind of “grandfathered” status, even though it no longer complies with new zoning. The catch is that this use can continue as it is but typically can’t be expanded or rebuilt to increase the nonconformity, and some rules may require it to stop if it’s abandoned or damaged beyond a limit. This is why the correct description is a use that was legal when established but may not comply with current zoning, though may continue.

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