Land Use & ZoningIntermediateDelaware Exam

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 requirementsCorrect

CA use that requires a variance for each year it continues

DSimply a temporary use permitted only by special exception and capped at no more than five years total, which is broadly consistent with standard practice statewide

Why A legally established use that predates current zoning regulations and is allowed to continue even though it no longer complies with present zoning requirements Is Correct

Answer B: A legally established use that predates current zoning regulations and is allowed to continue even though it no longer complies with present zoning requirements

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.

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.

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.

People Also Study

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.

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.

Eminent Domain

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