Land Use & Zoning
Which element is most important in determining whether a use constitutes a legally nonconforming use in Arkansas?
AThe use was permitted under the prior zoning
BThe use was legally established and in operation before the current zoning ordinance took effect✓ Correct
CThe use has been in operation for at least 5 years
DThe use has been approved by the local planning commission
Explanation
A nonconforming use must have been legally established and in actual operation before the current zoning ordinance took effect. It must have been lawful at its inception — uses established after rezoning or that were always prohibited are not protected nonconforming uses.
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