Illinois Real Estate Practice Exam

If a property owner constructed a commercial building on the property and an ordinance is passed later prohibiting commercial buildings in the area, what is the status of the building?

1. The building is a nonconforming use

2. The building must be demolished

3. The building is now compliant with the ordinance

4. The building gets free commercial space

The correct answer is: The building is a nonconforming use

The correct understanding in this scenario is that the building is classified as a nonconforming use. When a property owner builds a structure that complies with the zoning regulations at the time of construction, but later an ordinance is enacted that changes those regulations to prohibit such structures, the pre-existing building retains its legal status as a nonconforming use. This means it can continue to operate despite not adhering to the new zoning laws because it was legally established before the change took place. A nonconforming use typically allows the owner to maintain the property in its current state, even as the zoning of the area evolves. This status provides an opportunity for the owner to continue utilizing the building until it is decided otherwise or until the use is discontinued for a specific period, depending on local zoning laws. In contrast, the other options do not accurately reflect the legal principles regarding zoning and nonconforming uses. The building does not need to be demolished simply because the ordinance has changed, as that would not apply retroactively to buildings that were compliant before the law changed. Nor does the building become compliant with the new regulations, as it is no longer in alignment with them. Lastly, the notion of "free commercial space" does not apply in this situation, as it