Nonconforming Use

A nonconforming use (also called a "legal nonconforming use" or "grandfathered use") is a land use that was legally established under previous zoning rules but no longer complies with the current zoning classification after a zoning change. The property is allowed to continue its existing use despite the new zoning restrictions.

How Nonconforming Uses Arise

- A gas station in an area rezoned from commercial to residential - A duplex in an area downzoned to single-family only - A retail store in an area rezoned to industrial

Rights and Limitations

Property owners with nonconforming uses typically have the right to:

- Continue the existing use indefinitely - Perform routine maintenance and repairs

However, they typically cannot:

- Expand the nonconforming use - Rebuild if the structure is destroyed beyond a certain percentage (often 50%) - Change to a different nonconforming use - Resume the use after abandonment (usually defined as 6-12 months of non-use)

Why Nonconforming Uses Matter

For real estate investors, nonconforming uses represent both opportunity and risk:

• Opportunity: A nonconforming commercial use in a residential area may be more valuable as-is than as a residential property
• Risk: The use cannot be expanded, and certain damage or discontinuation could terminate the nonconforming status
• Redevelopment signal: Areas with many nonconforming uses may be targeted for rezoning to resolve the mismatch