What is meant by "non-conforming use" in real estate?

Enhance your preparation for the NBREA Real Estate Test with flashcards and multiple-choice questions, complete with hints and explanations. Get ready for your real estate licensing exam!

The term "non-conforming use" in real estate refers to an existing use of a property that predates current zoning restrictions. Such uses are often allowed to continue even if they no longer comply with the updated zoning laws. This allowance is typically granted to avoid creating undue hardship on property owners who have been using their land in a certain way prior to the enactment of new zoning regulations.

For instance, if a residential area is later designated as zoning for single-family homes only, a property that has been operating as a small business might be classified as a non-conforming use. The government may allow that business to continue operating, recognizing that it existed before the zoning change and that forcing it to close would negatively impact the owner.

In contrast, other options describe different concepts. Compliance with current zoning laws signifies conforming use, while new developments not meeting building codes touch on construction standards rather than zoning. Lastly, conducting commercial activities in residential zones without permits addresses illegal uses rather than recognized non-conforming uses.

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