Georgia Real Estate Salesperson Practice Exam

What is a property called that was developed under old zoning ordinances but does not conform to new ones?

1. Legal nonconforming use

2. Illegal use

3. Non-permitted structure

4. Conditional use

The correct answer is: Legal nonconforming use

The term used to describe a property that was developed under old zoning ordinances but does not conform to the newly established regulations is known as a legal nonconforming use. This situation arises when a property was lawfully established according to the zoning laws in effect at the time of its development, but subsequent changes to those laws create a conflict. The key characteristic of a legal nonconforming use is that it is permitted to continue operating despite the current zoning rules because it was compliant when initially established. Typically, local ordinances allow these properties to remain, often with the understanding that they cannot be expanded or further developed without complying with the new regulations. Other terms considered in the options do not capture the legal standing and permissible nature of the use. An illegal use would imply the property was never compliant with any known regulations, while a non-permitted structure suggests that the property was constructed without any type of zoning approval. A conditional use refers to a provision that allows a property to be utilized in a manner that is not generally permitted in the zoning district, contingent on specific conditions being met. Therefore, legal nonconforming use accurately describes the situation in which the property exists.