Permit Technician Practice Test

Which of the following is true about nonconforming uses?

1. They are automatically legal

2. They cannot be expanded

3. They require a new permit each year

4. They can always be changed to a different use

The correct answer is: They cannot be expanded

Nonconforming uses refer to properties or activities that were established in accordance with zoning regulations before those regulations changed, making the current use inconsistent with the new zoning laws. The statement that nonconforming uses cannot be expanded is indeed correct. This is because the intent of zoning laws is to gradually phase out nonconforming uses, thereby encouraging compliance with the updated zoning ordinances. Allowing expansions could undermine the purpose of enacting stricter zoning regulations, as it could encourage the continuation or proliferation of uses that do not conform to current zoning standards. In contrast, the other statements do not accurately reflect the nature of nonconforming uses. They are not automatically considered legal; rather, they have a legal status based on their previous compliance. There is typically no requirement for a new permit each year, as long as the use continues without significant change. Additionally, while a nonconforming use cannot be expanded, it can sometimes change to a different use, depending on local laws and regulations—it is just limited in terms of the type of changes that can occur without losing its nonconforming status.