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In Illinois, a non-conforming use is:

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Question & Answer

Review the question and all answer choices

A

Always illegal

Option A is incorrect because non-conforming uses are not always illegal. In fact, they are legally protected uses that existed before zoning changes. The concept of 'grandfathering' allows these pre-existing uses to continue even when new zoning regulations would prohibit them. While they may face restrictions on expansion or modification, they are not considered illegal simply because they don't conform to current zoning laws.

B

A use that existed before zoning changed and may continue

Correct Answer
C

A use that requires a special permit

Non-conforming uses do not require special permits because they were already legal before the zoning change. Special permits are typically needed for new uses that don't conform to current zoning, not for pre-existing non-conforming uses.

D

A use that can be expanded freely

Non-conforming uses generally cannot be freely expanded. Most jurisdictions limit expansion of non-conforming uses to prevent them from becoming more non-conforming over time, though they may be allowed to continue in their existing state.

Why is this correct?

B is correct because non-conforming uses are those that existed legally before a zoning change occurred. These uses are typically allowed to continue under the 'grandfather clause' principle, recognizing that the property owner established legal use before new restrictions were put in place.

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