What zoning concept allows continuation of a preexisting use after a zoning change?

• A. Escheat
• B. Nonconforming Use
• C. Variance
• D. Conditional Use

Answer: (B)

Nonconforming use occurs when a property is using land in a way that was legal under the old zoning, and that same use continues after the zoning changes even though the new zoning would not allow it. The idea behind this rule is to avoid wiping out established, lawfully existing uses overnight; the use can continue as long as it remains unchanged and does not expand or intensify beyond what was allowed before. If the use is abandoned or destroyed beyond a certain point, the right to continue can terminate. Escheat involves property reverting to the state, not how uses continue after zoning changes. A variance grants permission to depart from the zoning rules due to hardship, not automatic continuation of a preexisting use. A conditional use is a permitted use with conditions, not the automatic right for a nonconforming use to persist after a change.