Land Use & Zoning
When an Arkansas city adopts a new zoning ordinance that would make an existing business nonconforming, the business may typically continue to operate because of:
AA special use permit
BThe nonconforming use ('grandfather') protection✓ Correct
CA variance
DEminent domain protection
Explanation
The nonconforming use protection (grandfather clause) allows uses that were lawfully established before the current zoning to continue even after rezoning, though expansion or intensification of the nonconforming use is typically prohibited.
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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.
VarianceOfficial 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 DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
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