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Land Use ControlsNonconforming_useMEDIUM

A nonconforming use in zoning law is best described as:

Correct Answer

B) A lawful use that existed before a zoning change and is allowed to continue

A nonconforming use (sometimes called a 'grandfathered' use) is one that was lawfully established before a zoning ordinance was enacted or amended but no longer complies with current zoning regulations. Arkansas zoning law generally allows such uses to continue, but they may not be expanded and may lose their nonconforming status if the use is abandoned or the structure is substantially destroyed.

Answer Options
A
An illegal use that is subject to immediate removal by the local government
B
A lawful use that existed before a zoning change and is allowed to continue
C
A use permitted only after obtaining a conditional use permit from the zoning board
D
A temporary use allowed for a limited period under a special zoning variance

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Related Topics & Key Terms

Related Topics:

grandfatheringzoning varianceconditional use permitamortizationpolice powertakings

Key Terms:

nonconforming usegrandfatheredzoning changeabandonmentpre-existing usepolice power

Related Concepts

Deed restrictions are limitations placed in a deed that control how a property may be used by the current and future owners. They are a form of private land use control that runs with the land.

An easement is a legal right to use another person's land for a specific purpose without owning it. It is a nonpossessory interest in real property that typically runs with the land.

An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.

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