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Practice Of Real EstateLand Use ZoningMEDIUM

Under Hawaii zoning law, which statement best describes a nonconforming use?

Correct Answer

B) A nonconforming use may continue as a grandfathered use after a zoning change, but it generally cannot be expanded or substantially altered.

Under Hawaii zoning law, a nonconforming use is one that lawfully existed before a zoning change but no longer conforms to current zoning regulations. Such uses are generally allowed to continue as grandfathered uses, but they cannot be expanded, substantially altered, or reestablished if discontinued for a specified period. This principle applies statewide under Hawaii's land use framework.

Answer Options
A
A nonconforming use must be terminated immediately once a new zoning ordinance takes effect, regardless of how long the use has existed.
B
A nonconforming use may continue as a grandfathered use after a zoning change, but it generally cannot be expanded or substantially altered.
C
Any use of property is permitted without restriction as long as it predates the current zoning ordinance by at least one year.
D
Nonconforming use protections apply only to commercial properties in Hawaii; residential nonconforming uses must comply with new zoning immediately.

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Related Topics & Key Terms

Related Topics:

varianceconditional use permitHawaii Land Use Commission districtsamortization of nonconforming usesregulatory taking

Key Terms:

nonconforming usegrandfathered usezoning changeHawaii Land Use Commissionexpansion prohibition
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