Non Conforming Use
A non-conforming use refers to a property or building use that was legally established under previous zoning laws but no longer complies with current zoning regulations. These uses are typically allowed to continue operating under grandfather provisions but face restrictions on expansion, modification, or rebuilding.
Example
“The corner grocery store was considered a non-conforming use when the neighborhood was rezoned for residential only, but could continue operating as it existed before the zoning change.”
Memory Tip
Think of an old building that's like your grandfather - it was there first and gets to stay even though it doesn't fit the new neighborhood rules.
Why It Matters
Property buyers need to understand non-conforming use status as it can limit future development options, affect property values, and create challenges when seeking financing or insurance.
Common Misconception
Many assume that non-conforming use rights are permanent and transferable, but these rights can be lost if the use is discontinued for a specified period or if the structure is significantly damaged.
In Practice
A small grocery store operating in a residential neighborhood since 1985 becomes non-conforming when the area is rezoned for residential use only in 2020. The store can continue operating but cannot expand or rebuild if destroyed by fire without seeking special permits.
Etymology
This zoning term emerged in early 20th century urban planning when cities began updating zoning laws but needed to 'grandfather in' existing legal uses that no longer 'conformed' to new regulations.
Common Misspellings
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