A corner grocery opened decades ago. The district was later rezoned for residential use only, but the ordinance lets the store keep operating. How is the store's existing use classified?
Correct Answer
C) A nonconforming use, which current zoning does not allow but which preceded it
A nonconforming use is an existing use that the current zoning ordinance does not allow but that either preceded the ordinance or exists under a conditional use permit. The grocery predates the residential zoning and may continue, so it is a legally nonconforming use. It is not illegal, it is not a variance, and it is not conforming because current zoning would not permit a new store.
Why This Is the Correct Answer
Option C is correct because the store is an existing use that the current residential zoning does not allow, and it preceded that ordinance. That is the definition of a nonconforming use, often called legally nonconforming because it may lawfully continue.
Why the Other Options Are Wrong
Option A: An illegal use, which must be left out of the analysis as improved
Option A calls the store an illegal use. The ordinance lets the store keep operating, so its continued use is lawful and belongs in the analysis as improved.
Option B: A variance, which the zoning board granted when the district was rezoned
Option B calls the store a variance granted at rezoning. A variance is a granted exception from zoning requirements; nothing in the facts shows one was granted, and the store's right to continue comes from having preceded the ordinance.
Option D: A conforming use, because the zoning ordinance permits the store to remain
Option D calls the store a conforming use. A conforming use is one current zoning allows, and residential zoning would not allow a new grocery on the site.
Here first, now out of step
A nonconforming use was there before the rules changed: it no longer matches the zoning, but it was allowed to stay.
How to use: Use this phrase to separate a nonconforming use from an illegal use when a stem says the use predates the zoning.
Exam Tip
If the use came first and the zoning changed later, think nonconforming, not illegal. A variance is a separate grant from the zoning authority.
Common Mistakes to Avoid
- -Calling a grandfathered use illegal
- -Confusing a nonconforming use with a variance
- -Treating a use as conforming because it is allowed to remain
Concept Deep Dive
Analysis
The question tests the definition of a nonconforming use and how it differs from an illegal use, a variance and a conforming use. The key facts are that current zoning would not allow the store and that the store existed before the rezoning.
Background Knowledge
Zoning ordinances set permitted uses and also state how variances are granted and how nonconforming uses are treated. A nonconforming use is an existing use not allowed under current zoning that either preceded the ordinance or exists under a conditional use permit.
Real-World Application
An appraiser inspects a neighborhood store in a district now zoned residential. The zoning office confirms the store predates the rezoning and may continue, so the appraiser describes it as a legally nonconforming use and considers what would happen if it were destroyed or abandoned.
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