Nonconforming Use (Grandfathered)
Definition
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
Example
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.
Exam Tip
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 Land Use Terms
Zoning
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.
Variance
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.
Conditional Use Permit
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
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.
Certificate of Occupancy
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.
Eminent Domain
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
Frequently Asked Questions
Test Your Land Use Knowledge
Practice with exam-style questions to make sure you can apply Nonconforming Use (Grandfathered) and other land use concepts.