A land use that was legal when established but no longer conforms to current zoning; often 'grandfathered' in.
Why Nonconforming Use matters on the exam
This term belongs to Land Use Controls. The questions below are real items from Freehold's bank that use it - each one cites its source.
Exam questions using Nonconforming Use
Every Freehold question shows why the right answer is right — and cites its source.
A property owner whose oddly shaped lot cannot meet the setback requirement would apply for which form of zoning relief?
A nonconforming use permit
A spot zoning amendment
A conditional use permit
A variance
Show answer & explanation
A variance — A variance permits a deviation from a specific zoning requirement when strict enforcement would cause undue hardship because of the property's unique physical characteristics. It does not change the underlying zoning.
Source: PSI National Real Estate Exam Content Outline §2 Land Use Controls
A small grocery store lawfully operating before the area was rezoned residential may continue to operate as a:
Legal nonconforming use
A variance granted by estoppel
Conditional use
Zoning violation subject to fines
Show answer & explanation
Legal nonconforming use — A use lawfully established before a zoning change may continue as a legal nonconforming use, often called grandfathering. The protection typically ends if the use is abandoned, expanded, or destroyed.
Source: PSI National Real Estate Exam Content Outline §2 Land Use Controls
A use that is expressly permitted within a zoning district but only after review and approval because of its potential impact on surrounding properties is called a:
Nonconforming use, a use that predates the zoning ordinance now prohibiting it
Conditional (special) use
Variance, formal permission to deviate from the ordinance's strict requirements
Spot zone, an isolated rezoning inconsistent with the surrounding district
Show answer & explanation
Conditional (special) use — A conditional or special use permit allows a use the ordinance already contemplates for the district, such as a church or school, subject to conditions that limit its impact on neighbors.
Source: PSI National Real Estate Exam Content Outline §2 Land Use Controls
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