ICC Permit Technician Practice Exam

Which legal concept refers to a use of land that does not conform to zoning regulations?

1. Special exception

2. Nonconforming use

3. Conditional use

4. Special use

The correct answer is: Nonconforming use

The correct answer is nonconforming use. This concept applies to situations where a property's use predates the current zoning regulations, meaning that while the land has been used in a certain way legally for some time, that use is now inconsistent with the existing zoning laws. For example, if a property was once allowed to operate as a gas station but is now in a zone designated for residential use only, it would be considered a nonconforming use. Understanding this is crucial in zoning law because nonconforming uses are typically allowed to continue under certain conditions, even though they do not comply with current regulations. This kind of protection is important for property owners who may have invested significant resources into their property based on its historical use. In contrast, options like special exception and conditional use refer to permissions granted on a case-by-case basis to allow specific land uses that differ from the zoning regulations, typically requiring additional review and approval by a zoning board or equivalent authority. Special use is another term often used interchangeably with conditional use in many jurisdictions but is generally more restrictive. Thus, while these terms pertain to land use permissions, they do not specifically define the scenario of existing uses that conflict with new zoning laws as nonconforming use does.