When a zoning ordinance changes, existing uses that no longer conform are typically allowed to continue as nonconforming uses. However, the property owner usually cannot expand, enlarge, or rebuild the nonconforming structure if it is destroyed beyond a certain percentage (often 50%). The goal of zoning authorities is to eventually phase out nonconforming uses over time. If the nonconforming use is abandoned for a specified period, the owner loses the right to resume it.
A corner store has operated in a residential neighborhood for 30 years. When the area is rezoned to strictly residential, the store is allowed to continue as a nonconforming use. However, if the store burns down, the owner may not be permitted to rebuild it as a commercial property.
Key exam point: nonconforming uses CANNOT be expanded or enlarged. If destroyed beyond the threshold, they cannot be rebuilt. Abandonment kills the grandfathered status — remember "abandon it, you lose it." The exam often tests whether the use can be expanded (answer: no).
Related Terms
Related Concepts
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
A certificate of occupancy (CO) is an official document issued by the local building department certifying that a building complies with building codes and is safe for occupancy. It is required before a building can be legally occupied.
Frequently Asked Questions
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Nonconforming Use (Grandfathered) may have state-specific rules. Choose your state to study Land Use Controls with localized content: