Land Use & Zoning

A 'non-conforming use' in New York zoning law refers to:

AA use that was illegal when it was established
BA use that was lawful when established but no longer conforms to the current zoning regulations✓ Correct
CA use that the ZBA has denied by variance
DAny commercial use in a residential zone

Explanation

A non-conforming use is one that was legally established before the current zoning regulations were enacted but no longer complies with those regulations. New York zoning law generally allows existing non-conforming uses to continue, but may restrict their expansion or require them to be discontinued after a period of non-use.

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