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.
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Related Topics & Key Terms
Related Topics:
Key Terms:
Related Concepts
A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.
Wetlands protection refers to federal and state regulations that restrict development on wetlands — areas where water covers the soil or is near the surface for part of the year. The primary federal authority is the Clean Water Act enforced by the Army Corps of Engineers.
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
More Land Use Controls Questions
New York zoning is primarily controlled by:
A variance in zoning law is best described as:
Zoning established by:
Nonconforming use:
Building codes establish:
- → Conditional use permit:
- → North Dakota's oil and gas development impacts land use through:
- → Variance:
- → A conditional use permit in West Virginia allows:
- → Nebraska livestock operation setback requirements affect:
- → Vermont's Act 250 applies to:
- → Zoning established by:
- → In South Dakota, a conditional use permit (special use permit) allows:
- → Conditional use permit:
- → Alaska earthquake risk:
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