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Land Use ControlsNonconforming UseMEDIUM

A nonconforming use in zoning law refers to a use that:

Correct Answer

B) Legally existed before a zoning change and is allowed to continue under the new regulations

A nonconforming use is one that legally existed before a zoning ordinance was enacted or amended and is allowed to continue — commonly called being 'grandfathered in.' In Delaware, nonconforming uses are generally protected but typically cannot be expanded, intensified, or rebuilt if the structure is substantially destroyed. They do not require a new conditional use permit simply to continue.

Answer Options
A
Is illegal and must be immediately discontinued upon discovery
B
Legally existed before a zoning change and is allowed to continue under the new regulations
C
Requires a conditional use permit to continue operating
D
Is permitted only on a temporary basis until the property is sold

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Related Topics & Key Terms

Related Topics:

grandfathered usezoning amendmentsabandonment of nonconforming usepolice poweramortization of nonconforming uses

Key Terms:

nonconforming usegrandfatheredzoning changeprior legal useabandonmentpolice power
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