Legal Definitions - nonconforming use

A nonconforming use refers to a situation where a property or business is allowed to continue an activity or maintain a structure that no longer complies with newly enacted zoning regulations. This exemption is granted because the activity or structure existed lawfully before the new zoning laws were put in place. The purpose of allowing nonconforming uses is to prevent undue hardship or financial devastation to property owners when local governments change zoning rules.

While a nonconforming use permits existing operations to continue, it often comes with significant limitations. Property owners typically cannot expand the nonconforming use, change to a different nonconforming activity, or rebuild the nonconforming structure if it is substantially destroyed, unless the new construction conforms to current zoning. In some cases, the nonconforming status might be time-limited, or it could be lost if the property's use changes to a conforming one and then the owner attempts to revert to the old nonconforming activity.

• Example 1: Long-standing Auto Repair Shop

  Imagine an auto repair garage that has operated on a busy street for 40 years. The city council then decides to rezone that entire street from "light industrial" to "mixed-use commercial and residential" to encourage new retail shops, restaurants, and apartments. Under the new zoning, auto repair shops are no longer permitted. However, because the garage was established and operating legally before the zoning change, it would likely be granted nonconforming use status. This means the owner can continue to operate the repair shop, but they might be prohibited from expanding the building, adding more service bays, or converting it into a different type of industrial business that also wouldn't conform to the new zoning rules.

• Example 2: Multi-family Home in a Single-Family Zone

  Consider a three-unit apartment building constructed in the 1960s within a neighborhood that was then zoned for multi-family dwellings. Decades later, the city decides to rezone that specific neighborhood exclusively for single-family homes to preserve its residential character. The existing apartment building would become a nonconforming use. The current owner can continue to rent out all three units, even though new multi-family construction is now forbidden. However, they would likely be prevented from adding a fourth unit or significantly expanding the building in a way that increases its nonconformity with the single-family zoning.

• Example 3: Small Neighborhood Grocery Store

  A small, family-owned grocery store has been serving a residential neighborhood for 50 years. Originally, the zoning allowed for small commercial establishments at certain intersections. The city then updates its zoning ordinance, designating the entire area, including the intersection where the store is located, as strictly "residential-only" to reduce traffic and noise. The grocery store would be protected as a nonconforming use. It can continue to operate and sell groceries, but the owner would likely not be allowed to expand the building to include a larger deli or a sit-down cafe, as those changes would increase the nonconformity with the new residential zoning.