Duquesne Law Review


A municipality contemplating the adoption of a comprehensive plan for the control of land use is inevitably faced with the problem of pre-existing incompatible land uses. Stores and other commercial enterprises will often be found in the use districts deemed best suited for residences; a sky-scraper may tower above proposed height limits. The question that municipal officials must realistically face is what should be done with the nonconformities. Should the nonconformity be permitted to continue, or is it more desirable to require transformation and eventual conformity? To permit the nonconformity to continue may weaken the effectiveness of the plan; to require conformity by termination of the use may well place an intolerable burden on property owners.

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