Land Use & Zoning

A non-conforming use in Pennsylvania zoning is best described as:

AA use that violates the current zoning ordinance and was never lawfully established
BA use lawfully established before the current zoning ordinance that does not conform to present zoning requirements✓ Correct
CA use that requires an annual variance renewal to continue operating
DA use permitted only in commercial zones regardless of when it was established

Explanation

A non-conforming use or structure was lawfully established before the current zoning ordinance was adopted or amended but no longer complies with present zoning requirements. Non-conforming uses are generally grandfathered and may continue, but Pennsylvania municipalities may restrict their expansion, require permits for resumption after abandonment, and in some cases amortize them out of existence.

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