Land Use & Zoning
What is a 'nonconforming use' in Delaware zoning law?
AA use that violates all zoning regulations and must immediately cease
BA legally established use that predates current zoning regulations and is allowed to continue even though it no longer complies with present zoning requirements✓ Correct
CA use that requires a variance for each year it continues
DA temporary use permitted by special exception for no more than 5 years
Explanation
A nonconforming use (or legal nonconforming use) is a land use or structure that was legally established before current zoning requirements and is allowed to continue even though it does not comply with current zoning. However, such uses typically cannot be expanded and, if discontinued for a period (often 1–2 years), may lose their nonconforming status.
Related Delaware Land Use & Zoning Questions
- What is a 'development impact fee' in Delaware?
- In Delaware, which governmental body has primary authority over local zoning decisions?
- Subdivision regulations in Delaware govern:
- What is a 'development agreement' in Delaware land use?
- What is 'impact fee' in Delaware local government planning?
- A 'special use permit' (conditional use permit) in Delaware is required when:
- What is the 'primary zone' designation in Delaware's Livable Delaware development policy?
- What is 'mixed-use zoning' in Delaware?
Practice More Delaware Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free Delaware Quiz →