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Real estate glossaryNational exam concept

Nonconforming use

A nonconforming use is a land use that lawfully existed before a zoning change but no longer conforms to the current ordinance and is allowed to continue subject to local rules.

Exam area: Land Use Controls and Regulations

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What does “nonconforming use” mean in real estate?

A nonconforming use is a land use that lawfully existed before a zoning change but no longer conforms to the current ordinance and is allowed to continue subject to local rules.

How is “nonconforming use” different from the closest wrong answer?

A nonconforming use predates the restriction. A variance is permission to deviate from current zoning because the legal standard for relief is met.

What is the Georgia-specific rule?

Local Georgia ordinances control continuation, abandonment, expansion, and rebuilding. The exam clue is that the use was lawful before the zoning change.

Worked exam example

Scenario

A small grocery store remains in operation after the neighborhood is rezoned residential because the store lawfully existed first.

What is the most common exam trap?

Trap correction

Grandfathered does not mean permanently immune from every local condition. Read for abandonment or expansion facts.

Original exam check

Apply the definition

A grocery store lawfully opened in 1998. In 2015 the area was rezoned residential, and the store kept operating. In 2026 the owner wants to double the size of the building. Which statement is most accurate?

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Recommended next complete lesson

Continue with Land Use Controls and Regulations complete lesson. It places this term inside the full rule, worked examples, exam traps, and mixed practice required for mastery.