Land Use & Zoning

In New York, a 'nonconforming use' is best described as:

AA use that is expressly prohibited in all zones

BA use that was legally established prior to a zoning change and is allowed to continue even though it no longer complies with current zoning✓ Correct

CA use requiring a special permit

DA use that violates the building code

Explanation

A nonconforming use is a use that was lawfully established before the current zoning ordinance was enacted but no longer complies with it. New York law generally allows such uses to continue as legal nonconformities, though expansion may be restricted.

People Also Study

Key Terms to Know

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Variance

Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.

Fiduciary Duty

The highest legal duty an agent owes to a principal — requiring the agent to act in the principal's best interest above all others.

Eminent Domain

The power of government to take private property for public use, with the requirement to pay the owner just compensation.