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Land Use ControlsNonconforming_useMEDIUM

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

Correct Answer

B) Was lawfully established before a zoning change and may continue

A nonconforming use is one that was legally established before a zoning ordinance was enacted or amended and is allowed to continue even though it no longer complies with current zoning requirements — commonly referred to as being 'grandfathered.' In Idaho, nonconforming uses are recognized under local zoning ordinances adopted pursuant to the Local Land Use Planning Act (LLUPA). Generally, a nonconforming use may not be expanded, and if the structure is substantially destroyed, it typically may not be rebuilt as a nonconforming use.

Answer Options
A
Violates current zoning and must cease immediately
B
Was lawfully established before a zoning change and may continue
C
Requires a new conditional use permit each year to continue
D
Is allowed only in temporarily designated overlay zones

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Related Topics & Key Terms

Related Topics:

grandfathered usevested rightszoning amortizationconditional use permitLLUPAregulatory taking

Key Terms:

nonconforming usegrandfatheredvested rightszoning changeLLUPAlawfully established
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