A landowner constructed a building seven stories high. Several years later, the municipality changed the zoning ordinance, prohibiting buildings that exceed six stories in height. Which of the following is TRUE regarding the existing seven-story building?
A) The building must be demolished.
B) The owner must obtain a variance.
C) It is a nonconforming use.
D) It is a conditional use.
Answer: C) It is a nonconforming use.
A building that existed prior to the current zoning ordinance may be allowed to continue legally with some restrictions. The owner does not need to obtain a variance or a special use permit for the building. A conditional or special use permit allows a property to be used for a common good not currently allowed in zoning ordinances. A variance is permission to use a property in a way expressly prohibited by zoning ordinances.
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