Land Use & Zoning
A property in NH has been used as an auto repair shop since 1960, predating the town's 1975 zoning ordinance that now prohibits auto repair in that zone. This use is:
AIllegal and must be immediately discontinued
BA legal nonconforming use (grandfathered) protected under NH law✓ Correct
CSubject to an automatic variance
DPermitted under any zoning ordinance as a historical use
Explanation
Under NH zoning law, a use lawfully established before a zoning ordinance that would prohibit it is a legal nonconforming use—commonly called grandfathered. NH RSA 674:19 protects such uses from being immediately eliminated, though they may not be expanded or re-established after abandonment.
Related New Hampshire Land Use & Zoning Questions
- In NH, a 'special exception' from the zoning board of adjustment differs from a variance because:
- A New Hampshire town's master plan serves as:
- A NH town's planning board denies a subdivision application because it does not comply with the town's subdivision regulations. The applicant's next step would most likely be to:
- In NH, a 'heritage commission' established under RSA 673:4-b advises the municipality on:
- A NH developer who wants to build affordable senior housing in a single-family zone may apply for a:
- The New Hampshire Zoning Board of Adjustment (ZBA) has authority to:
- NH's 'smart growth' principles, reflected in RSA 9-B, encourage municipalities to:
- A NH municipality's 'open space' zoning designation typically aims to:
Practice More New Hampshire Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free New Hampshire Quiz →