What is the primary characteristic of a non-conforming use?

The primary characteristic of a non-conforming use is that it does not conform to present zoning ordinances but may still be lawful. Non-conforming uses typically arise when a property was legally established in accordance with the zoning laws that were in place at the time, but subsequent changes to the zoning laws render that use non-conforming. This means the use is allowed to continue even if it does not align with the current zoning regulations, provided it was legally established.

Understanding this concept is crucial because it asserts that non-conforming uses can exist legally despite not currently adhering to zoning ordinances. Such situations often occur in areas undergoing development or change, where older properties may not fit within new zoning categories.

The other options misrepresent the nature of non-conforming uses. For instance, stating it is always illegal is inaccurate, as many non-conforming uses are entirely lawful despite not meeting current zoning requirements. Compliance with all zoning laws contradicts the very definition of a non-conforming use, and while some non-conforming uses may require special permits to continue operation, it is not a universal characteristic of all non-conforming uses.