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Land Use ControlsNonconforming UseMEDIUM

A nonconforming use in real estate is best described as:

Correct Answer

B) A use that was lawful when established but no longer conforms to current zoning

A nonconforming use (often called a 'grandfathered' use) is one that was legally established under prior zoning rules but does not comply with current zoning regulations. In Maine, nonconforming uses and structures are generally allowed to continue, but they may not be expanded or substantially altered. Under Maine's Shoreland Zoning rules, nonconforming structures have specific limitations on reconstruction and expansion. The use is legal — it is not illegal — because it predates the zoning change.

Answer Options
A
A use that is illegal and subject to immediate removal
B
A use that was lawful when established but no longer conforms to current zoning
C
A use permitted only with a conditional use permit
D
A temporary use allowed for a limited period by special permit

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Related Topics & Key Terms

Related Topics:

zoning variancesconditional use permitsMaine Shoreland Zoning Actvested rights in zoningamortization of nonconforming uses

Key Terms:

nonconforming usegrandfatheredzoningMaine Shoreland Zoningprior legal use
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