If zoning is changed to residential after Able builds a factory, which statement about Able's situation is true?

• A. Able may continue to operate as a nonconforming use
• B. Able must immediately cease operation
• C. Able may relocate to a different zoning district
• D. Able may expand without restriction

Answer: (A)

When zoning changes to residential after a factory is already built, the factory becomes a nonconforming use. This means it can continue operating because it was legally in place before the zoning change. The key point is that the use exists legally at the time of the change, so the owner isn’t forced to shut down immediately.

But there are limits: the nonconforming use can continue, but it cannot be expanded or intensified. The owner can’t add new buildings or enlarge the operation in a way that increases nonconformity, and in many cases, if the structure is damaged or the use is abandoned for a period, the right to continue can be restricted. Relocating to a different zoning district isn’t a remedy that would preserve the existing nonconforming use, and expanding without restriction isn’t allowed under typical nonconforming-use rules.

So the correct idea is that Able may continue to operate the factory as a nonconforming use, with restrictions on expansion and certain other changes.