Legal Definitions - non-conforming use

A non-conforming use refers to an existing activity or structure on a piece of land that was lawful under previous zoning regulations but no longer complies with new zoning laws adopted by a city or county.

When zoning rules change, properties that were already in use in a way that is now prohibited are often allowed to continue operating under a "grandfather clause." This means the existing use is permitted to continue even though it doesn't conform to the new rules. However, there are usually restrictions on expanding, rebuilding, or significantly altering the non-conforming use, with the long-term goal often being for the property to eventually align with the current zoning.

Here are some examples to illustrate this concept:

• A long-standing corner store in a newly residential neighborhood: Imagine a small, independent grocery store that has served a community for 50 years. The city council then decides to rezone the entire block, including the store's parcel, exclusively for single-family residential homes to preserve the neighborhood's quiet character.

  Explanation: The grocery store's operation becomes a non-conforming use. It was a legal business before the residential-only zoning was enacted. The store will likely be allowed to continue operating, but it might be prohibited from expanding its building, adding a drive-thru, or rebuilding if it's severely damaged. If the store eventually closes or is demolished, any new construction on that parcel would typically have to be a single-family home, conforming to the new residential zoning.

• An industrial workshop in an area reclassified for light commercial use: Consider a small metal fabrication workshop that has been operating in an industrial park for decades. The county then updates its zoning plan, reclassifying that specific industrial park as "light commercial," intended for offices, retail, and service businesses, to reduce heavy industrial impact near a growing residential area.

  Explanation: The metal fabrication workshop's heavy industrial operations are now a non-conforming use. It was a legitimate industrial business under the old zoning. The workshop can continue its current operations, but it might face restrictions on increasing its production capacity, introducing new noisy machinery, or expanding its physical footprint. The intent is that over time, as businesses change hands or buildings are redeveloped, the area will transition to light commercial uses.

• A multi-unit apartment building in a zone changed to single-family only: A historic building containing four apartments has been a rental property for over 70 years. The town then decides to rezone that specific street from multi-family residential to exclusively single-family residential to maintain a low-density suburban feel.

  Explanation: The four-unit apartment building is now a non-conforming use. It was a legal multi-family dwelling before the single-family zoning was adopted. The owner can continue to rent out the existing units. However, they might be prevented from adding more units, significantly altering the building to increase density, or rebuilding the entire structure as another multi-family dwelling if it were destroyed by a natural disaster. Any new construction on that site would typically need to be a single-family home.