What is a nonconforming use, and what remedies may be available when zoning changes occur?

• A. Nonconforming use always becomes conforming after a zoning change
• B. Nonconforming use must be eliminated immediately with the change
• C. A use that existed legally before a zoning change but does not comply with current zoning; remedies include variances, legal nonconforming use continuation, or cessation
• D. Nonconforming uses are never permitted to continue

Answer: (C)

When zoning changes, uses that fit the property before the change can be treated differently from those that must align with the new rules. The main idea is that a nonconforming use is one that was legal under the old zoning but doesn’t meet the new zoning requirements.

A use that existed legally before a zoning change but does not comply with current zoning is allowed to continue in many cases, but under limits. It’s often called a legal nonconforming use or grandfathered use, and it cannot be expanded or intensified beyond what existed at the time of the change. If the owner wants to keep the use despite the new zoning, there are remedies available: a variance can be sought from the zoning authority to permit the existing use to continue or to modify it within the rules; the use can continue as a legal nonconforming use with certain restrictions; or the use can be required to cease if it is abandoned or if the property is redeveloped under the new zoning.