Land Use & Zoning
A non-conforming use in Massachusetts is:
AAny use that requires a building permit
BA use that existed lawfully before zoning was adopted or changed, and is now not permitted under current zoning✓ Correct
CA commercial use in a residential zone with town approval
DA use that violates the state building code
Explanation
A non-conforming use is one that was lawfully established before zoning or a zoning change made it non-conforming. Massachusetts Chapter 40A protects these uses from immediate elimination.
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