Legal Definitions - nonconforming lot

A nonconforming lot refers to a parcel of land that was legally created and existed at one time, but which no longer meets the current zoning requirements for its area. This typically occurs when local zoning ordinances change, making existing lots non-compliant with new standards regarding size, shape, frontage, or other characteristics. Despite not meeting current regulations, these lots are generally permitted to continue existing and may often be developed, though sometimes with specific conditions or limitations, because they were lawful when initially established.

Here are some examples to illustrate this concept:

• Example 1: Minimum Lot Size Change

  Imagine a residential neighborhood where, in the 1960s, the zoning regulations permitted individual homes to be built on lots as small as 5,000 square feet. Many homes were constructed on these 5,000 square foot parcels. Decades later, the city council updates the zoning ordinance for that area, increasing the minimum lot size requirement to 7,500 square feet to promote more open space. The existing 5,000 square foot lots, which were perfectly legal when created, now become nonconforming lots because they do not meet the new, larger minimum size requirement. Owners of these lots can typically still sell or rebuild on them, but they cannot subdivide them further to create even smaller parcels.

• Example 2: Frontage Requirement Update

  Consider a rural area where, historically, lots were allowed to have a minimum of 50 feet of road frontage. A developer purchased a large tract of land and subdivided it into several parcels, each with exactly 50 feet of frontage, and sold them off. Years later, the county decides to increase the minimum road frontage requirement to 75 feet for all new subdivisions to improve access for emergency vehicles and reduce congestion. The previously created lots with only 50 feet of frontage are now considered nonconforming lots. While they cannot be reconfigured to meet the new frontage rule without combining with an adjacent property, they retain their legal status and can still be built upon or sold.

• Example 3: Irregularly Shaped Lot

  In an older part of a town, a triangular-shaped lot was created over a century ago, perhaps due to the intersection of two roads or a natural boundary. At the time, there were no specific zoning rules regarding lot shape, and the lot was legally recognized. Today, the town's modern zoning code requires all new residential lots to be roughly rectangular or square, with specific depth-to-width ratios, to ensure efficient use of space and consistent building setbacks. This old, triangular lot is now a nonconforming lot because its unusual shape does not meet current zoning standards. Despite its nonconforming shape, the owner can still typically use the lot for its intended purpose (e.g., residential) and may even be able to build on it, often requiring a variance or special permit to address the unique challenges posed by its shape.