Nonconforming use is a term used in land use law to describe an activity or use of land that does not conform to the current zoning or land use regulations of a given locality. It is also sometimes referred to as “legally nonconforming” or “grandfathered.”
When a zoning ordinance is amended or a jurisdiction changes the designation of a given parcel of land, any use, structure, or occupancy existing prior to the amendment or designation change, and in violation of the new ordinance or designation, is considered a nonconforming use. It is not prohibited, but its use is limited.
Nonconforming uses exist largely because local governments do not want to take away people’s property rights or eliminate existing businesses. Nonconforming uses provide the land owner some flexibility in how they use their property despite the changes in the local zoning laws.
How Can Nonconforming Use Affect You?
Nonconforming use can have a significant impact on businesses, commercial properties, and residential areas. For instance, if a business or a property is subject to a nonconforming use, it may not be allowed to expand beyond its current use, even when the local zoning ordinances may now allow for a change in use.
Furthermore, changes in the local zoning ordinance may also impact the value of the property. A local change in the zoning designation or limitation on a particular use can significantly reduce the value of properties and even business rents in the future. As such, it is important to understand nonconforming uses and their potential impact before investing in commercial or residential properties.
Conclusion
Nonconforming use is an important concept in land use laws and regulations, and one that business owners should understand and consider before entering into any legal contract or investing in properties. Nonconforming use can have a significant impact on businesses and property investment, and it is important to know the how it can affect you and your business.