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What does the term 'non-conforming use' mean in planning law?

Correct Answer

D) A use that was lawful when it began but is now prohibited by the zoning.

A non-conforming use is one that was legally established under previous planning provisions but doesn't comply with current zoning requirements. These uses typically have existing use rights and can continue operating, though expansion or intensification may be restricted.

Answer Options
A
A use that breaches the building code and must stop as soon as it is discovered.
B
A use that needs special consent from the state planning minister to continue.
C
A temporary use that the council has permitted for no more than 12 months.
D
A use that was lawful when it began but is now prohibited by the zoning.

Why This Is the Correct Answer

A non-conforming use began lawfully but no longer fits the current zoning. It can generally continue under existing use rights, although expanding, intensifying or changing it may need approval or be refused.

Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

non-conforming useexisting use rightszoningplanning lawgrandfathering
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