Land Use & Zoning
A 'nonconforming use' in West Virginia zoning law refers to:
AA use that violates current zoning but was lawful when established✓ Correct
BA use that has never been permitted in any zone
CA building that exceeds the maximum allowed height
DA variance granted to a prior owner
Explanation
A nonconforming use is one that was legally established before the current zoning ordinance was enacted but does not conform to the current regulations. West Virginia generally allows nonconforming uses to continue but may restrict their expansion.
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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.
Joint TenancyCo-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
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