Georgia Real Estate Salesperson Practice Exam

In zoning, the term "nonconforming use" refers to what?

1. A use that fully complies with current zoning regulations

2. A use that existed before the zoning change was enacted

3. A permitted change that can be approved at any time

4. A use that requires a new zoning ordinance for approval

The correct answer is: A use that existed before the zoning change was enacted

The term "nonconforming use" in zoning refers specifically to a land use that was established prior to new zoning regulations being enacted. When a locality implements zoning laws, existing uses that do not comply with the new regulations are classified as nonconforming. This allows those uses to continue operating, even though they do not meet the current zoning requirements. Nonconforming uses are typically protected to avoid forcing owners to alter or cease their operations immediately after new zoning laws come into effect. This provision recognizes the rights of property owners and helps to avoid potential hardships that come from sudden changes in zoning. In contrast, a use that fully complies with current zoning regulations is simply termed a conforming use. Permitted changes that can be approved at any time would generally involve alterations or upgrades to conforming uses, while requiring a new zoning ordinance for approval indicates a process distinct from nonconforming uses, typically reserved for significant changes that do not fit existing zoning guidelines.