Land use and encumbrances

Non-conforming use

A lawful existing use that no longer matches a newly changed zoning rule

The corner shop that was legal before the block was rezoned residential. It is allowed to continue — commonly called being grandfathered — but ordinances usually forbid expanding it, and many terminate the protection if the use is abandoned or the building is destroyed.

How the exam asks about it

The distinguishing fact is timing. Non-conforming means it was legal first; a variance means permission was granted afterwards.

Related terms

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