Land Use & Zoning
A nonconforming use in a Rhode Island zoning district is one that:
AWas established after the zoning ordinance took effect and violates it
BLawfully existed before the zoning ordinance was enacted and does not conform to current requirements✓ Correct
CHas been abandoned for more than 90 days
DIs pending a variance from the zoning board
Explanation
A nonconforming use is one that lawfully existed before the enactment of a zoning ordinance but does not conform to the current zoning requirements. It is generally allowed to continue but may not be expanded.
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Key Terms to Know
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.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
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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