ICC Permit Technician Practice Exam

Which of the following is not considered another term for a special use?

1. Conditional use

2. Special exception

3. Exceptional use

4. Nonconforming use

The correct answer is: Nonconforming use

The term "nonconforming use" refers to a situation where a property is being used in a way that does not conform to current zoning regulations, typically because the use existed before the new regulations were enacted. This type of use is often allowed to continue under "grandfather" provisions but does not carry the same regulatory implications as special uses, conditional uses, or special exceptions, which are explicitly permitted under zoning laws with specific conditions. In contrast, a conditional use is a use that may be allowed in certain zones subject to specific conditions set forth by the zoning authority. A special exception is similar in that it permits a use that is not normally allowed by right but can be granted under certain circumstances. Exceptional use typically denotes a use that exceeds standard regulations but does not carry the historical context of being grandfathered in as nonconforming use does. Hence, "nonconforming use" stands apart from the other terms as it specifically denotes a use that is not currently compliant with zoning regulations, while the other terms relate to specific allowances within zoning frameworks.