Non-conforming use typically refers to a use that was legal prior to a zoning change but is not permitted under the new zoning. Which option best describes this concept?

Study for the AICP exam with the Planetizen AICP Test. Master concepts with multiple choice questions, hints, and explanations. Ace your exam!

Non-conforming use occurs when a property was using it in a way that was legal under the zoning in effect at the time, and that same use continues after a zoning change even though the new zoning would not allow it. The best description is that this use is grandfathered after the zoning change because it preserves the prior, legally established use on the site. The owner can keep operating as is, though typically there are limits on expanding or intensifying the use and on relocating it. It isn’t simply illegal, nor is it a new use created or permitted by a variance, nor a use that the current zoning would prohibit if it were being established anew; it remains allowed precisely because it existed before the change.