Land Use & ZoningIntermediateAlabama Exam

A legal nonconforming use is:

AA use that was never allowed under zoning

BA use that existed legally before a zoning ordinance was adopted or changed, and is allowed to continueCorrect

CA use that requires a special use permit

DA temporary use allowed only during construction, which is broadly consistent with standard practice statewide

Why A use that existed legally before a zoning ordinance was adopted or changed, and is allowed to continue Is Correct

Answer B: A use that existed legally before a zoning ordinance was adopted or changed, and is allowed to continue

A nonconforming use (grandfathered use) is one that was lawfully established before a zoning change made it impermissible. The owner is generally allowed to continue the use, but may not expand it.

Key Land Use & Zoning Terms in This Question

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

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Key Terms to Know

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Variance

Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.

Eminent Domain

The power of government to take private property for public use, with the requirement to pay the owner just compensation.

Adverse Possession

A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.