Land Use & Zoning
A non-conforming use in West Virginia exists when:
AThe property is vacant
BA use was legally established before a zoning change and is allowed to continue despite no longer conforming to current zoning✓ Correct
CThe property owner refuses to comply with building codes
DThe property is used for both residential and commercial purposes
Explanation
A non-conforming use (or legal nonconforming use) is one that lawfully existed before a zoning ordinance was enacted or amended and is permitted to continue despite not conforming to current zoning requirements.
Related West Virginia Land Use & Zoning Questions
- A West Virginia property owner who receives a notice of zoning violation has the right to:
- A West Virginia city council changes the zoning on a single parcel to benefit one developer while surrounding parcels retain their original zoning. This is likely invalid as:
- In West Virginia, the Blight Elimination and Foreclosure Equity Act allows municipalities to:
- 'Exclusionary zoning' in West Virginia occurs when a municipality:
- A 'moratorium' on development in a West Virginia community means:
- In West Virginia, a 'use variance' allows a property owner to:
- West Virginia's subdivision regulations typically require a developer to submit a plat that must be:
- In West Virginia, the term 'setback' refers to:
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