Land Use & Zoning
In West Virginia, a 'nonconforming structure' differs from a 'nonconforming use' in that:
AThey are identical terms under WV zoning law
BA nonconforming structure is a building that does not meet dimensional standards (setbacks, height); a nonconforming use is an activity not permitted in the current zone✓ Correct
CA nonconforming structure is illegal; a nonconforming use is permitted
DOnly nonconforming uses require a variance to continue
Explanation
A nonconforming structure has physical dimensions (setbacks, height, size) that do not comply with current zoning standards but was legal when built. A nonconforming use is an activity or use not permitted in the current zone. Both can continue as legal nonconformities.
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