Certified Residential Appraiser Practice Exam

Which term describes a use that was lawfully established but no longer conforms to zoning regulations?

1. Legally Permissible Use

2. Legally Nonconforming Use

3. Financially Feasible Use

4. Maximally Productive Use

The correct answer is: Legally Nonconforming Use

The term that describes a use that was lawfully established but no longer conforms to current zoning regulations is "Legally Nonconforming Use." This concept applies to situations where an existing property use complied with zoning laws at the time it was established, yet subsequent changes in zoning regulations have rendered that use noncompliant. The primary characteristic of a legally nonconforming use is that it retains a degree of legal protection despite its noncompliance with current zoning laws, allowing it to continue operating under certain conditions. This protection typically includes the right to maintain the use and make repairs, but it often does not allow for expansion or intensification of the nonconforming use. In contrast, other terms like "Legally Permissible Use" refer to uses that are allowed under the current zoning laws, without any conflict. Meanwhile, "Financially Feasible Use" and "Maximally Productive Use" focus on economic viability and the highest productive potential of a property rather than adherence to zoning regulations. As such, they do not apply in the context of zoning compliance and legality.