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Simple English definitions for legal terms
non-conforming use
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A quick definition of non-conforming use:
Non-conforming use: When a piece of land is being used for something that is not allowed by the city or county's plan, it is called a non-conforming use. For example, if a gas station is built on a piece of land that is now zoned for homes only, the gas station can still operate because it was there before the new zoning rules were made. But if the gas station is ever torn down, the land can only be used for homes because that is what the new rules say.
A more thorough explanation:
Definition: Non-conforming use refers to the current use of a piece of real estate that does not comply with the zoning regulations or general plan of the city or county. This use is usually allowed only if the property was being used in the same way before the zoning ordinance was adopted.
Example: A property has been used as a gas station for many years, but the city has now zoned the area for residential use only. The gas station is considered a non-conforming use and is allowed to continue operating as long as it remains in its current state. However, if the gas station is torn down, the property can only be used for residential purposes.
Another example: A homeowner has been operating a small business out of their home for several years. The city has now zoned the area for residential use only, and the homeowner's business is considered a non-conforming use. The homeowner is allowed to continue operating their business as long as it remains in its current state, but they cannot expand or make any changes that would increase the non-conformity.
These examples illustrate how non-conforming use allows property owners to continue using their property in a way that is not in compliance with current zoning regulations. However, this use is usually only allowed if it was established before the zoning ordinance was adopted. If the property is no longer used in the same way or is significantly altered, it must comply with the current zoning regulations.