ICC Permit Technician Practice Exam

In zoning code, nonconforming use provisions do not prohibit which of the following?

1. The sale of the property

2. Expansion of the building

3. Change of use

4. Accessory structures

The correct answer is: The sale of the property

In the context of zoning code, nonconforming use provisions are intended to regulate existing uses of properties that do not comply with current zoning regulations but were legal at the time they were established. These provisions aim to eventually phase out nonconforming uses or bring them into compliance. However, one aspect that nonconforming use provisions typically allow is the sale of the property. The reasoning behind this allowance is that the sale of the property does not directly impact the existing use or the legal nonconforming status. The new owner can continue the existing nonconforming use as long as they do not make changes that would create a new nonconforming situation or expand the nonconformity. The ability to sell the property is a fundamental property right, and zoning laws do not restrict the transfer of that right even if the property has nonconforming uses. In contrast, expansion of the building, change of use, or the establishment of accessory structures typically require compliance with the present zoning regulations. Nonconforming use provisions may prohibit these actions to prevent further deviations from the intended use of the land as defined by current zoning. This regulation helps to maintain the integrity of zoning plans and encourages properties to transition toward conforming uses over time.