Land Use & ZoningIntermediateColorado Exam
A Colorado property is zoned R-1 (single-family residential) but has operated as a small grocery store for 40 years. After rezoning to R-1, the store may continue to operate as a:
AConditional use
BNonconforming useCorrect
CSpecial exception, in general
DConforming use
Why Nonconforming use Is Correct
Answer B: Nonconforming use
A nonconforming use is a pre-existing use that was legal when it began but no longer conforms to current zoning regulations. Nonconforming uses are generally allowed to continue but cannot be expanded and must cease if the use is abandoned.
Key Land Use & Zoning Terms in This Question
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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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