Land Use & Zoning
A nonconforming use in Pennsylvania zoning law refers to:
AA use that was illegal when it began
BA lawful use that existed before a zoning change that rendered it noncompliant✓ Correct
CA use that violates building codes
DA temporary use permit that has expired
Explanation
A nonconforming use is a lawful use that was established before a zoning ordinance was enacted or amended and is now inconsistent with the new zoning. Pennsylvania allows nonconforming uses to continue but restricts their expansion under the MPC.
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
VarianceOfficial 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.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
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