Nonconforming (Land) Use

Definition

Nonconforming (Land) Use refers to the utilization of a piece of land or property in a manner that violates the existing zoning regulations. This situation is permissible if the use began before the current zoning laws were put into effect. It essentially allows properties to “grandfather in” their existing use despite any changes or restrictions in local zoning laws.

Examples

Example 1: Historical Commercial Building

Carter owns a commercial building constructed in 1920. In 1935, the city enacted a zoning ordinance that designated the area for residential use only. Due to the nonconforming use status, Carter’s building can continue operating commercially, but he faces restrictions on how much he can improve or restore it.

Example 2: Shopping Center and Parking Regulations

A shopping center initially provided one parking space for each 100 square feet of retail area, complying with zoning regulations. Later, the state highway department widened the frontage road, reducing the parking spaces, which turned the shopping center into a nonconforming use. This significantly diminished the property’s value.

Frequently Asked Questions

What is the difference between a conforming and a nonconforming land use?

Conforming land use complies with current zoning regulations, while nonconforming land use does not but is allowed to continue its prior use because it existed before the zoning laws were enacted or changed.

Can nonconforming land use be expanded or modified?

Generally, nonconforming uses are restricted from being expanded, enlarged, or significantly modified. Some jurisdictions may allow modifications if certain conditions are met, but the extent of such modifications is often strictly controlled.

Is nonconforming land use permanent?

Nonconforming land use can continue indefinitely unless the property undergoes a significant change, such as being destroyed (beyond a certain extent) or converted to another use. Local zoning laws will dictate specific rules for terminating nonconforming uses.

Are there benefits to nonconforming land use?

The primary benefit is the ability to continue using the property as it was originally intended, which can be advantageous if the current use is commercially or personally beneficial.

What happens if a nonconforming use property is sold?

Typically, nonconforming uses run with the land, meaning the new owner can continue the nonconforming use under the same conditions. However, some local zoning codes may impose restrictions on the transfer of nonconforming use rights.

Zoning

Zoning refers to laws and regulations that define how particular areas of land can be used. Specific zones may dictate the types of buildings allowed, their height, density, and how they may be utilized (e.g., residential, commercial).

Grandfather Clause

A Grandfather Clause is a provision that allows an old rule to continue to apply to some existing situations while a new rule will apply to future situations. In zoning, it allows nonconforming uses to persist despite new zoning ordinances.

Zoning Ordinance Compliance

Zoning Ordinance Compliance refers to the adherence to local zoning regulations, ensuring that the use of land and structures conforms to the prescribed designations and restrictions.

Real Estate Law

Real Estate Law encompasses the regulations surrounding property transactions, property ownership, landlord-tenant relationships, and land use.

Online Resources

National Association of Realtors - nar.realtor
American Planning Association - planning.org
HUD User Zoning Information - huduser.gov

References

“The Encyclopedia of Real Estate Terms,” Damien Abbott, 9th Edition, Real Estate Publishing, 2016.
“Zoning and Land Use Law,” Julian Conrad Juergensmeyer & Thomas E. Roberts, West Academic Publishing, 6th Edition, 2020.

Suggested Books for Further Studies

“The Zoning Handbook,” Michael A. Wolf, Routledge, 4th Edition, 2015.
“Land Use and Society: Geography, Law, and Public Policy,” Rutherford H. Platt, Island Press, Revised Edition, 2014.
“Zoning Rules!: The Economics of Land Use Regulation,” William A. Fischel, Lincoln Institute of Land Policy, 2015.

Nonconforming (Land) Use Fundamentals Quiz

### Under what circumstances is nonconforming land use allowed? - [x] When the use started before the zoning laws were enacted or changed - [ ] When the current zoning laws were overridden by the federal government - [ ] When a new property owner requests it - [ ] When the building happens to be adjacent to residential zones > **Explanation:** Nonconforming land use is permitted because it existed prior to the enactment or modification of current zoning laws. ### Can nonconforming land use be expanded freely? - [ ] Yes, nonconforming uses can be expanded without restrictions - [x] No, expansions are generally restricted or regulated strictly - [ ] Yes, but only if the expansion is less than 5% of the property size - [ ] No, any expansion renders the use illegal > **Explanation:** Nonconforming uses are generally restricted from expansion or modification, although local jurisdictions may have specific rules for what modifications are permitted. ### What happens to nonconforming use properties if they are sold? - [x] The nonconforming status typically continues with the new owner - [ ] The nonconforming status is revoked upon sale - [ ] It depends on the purchase price - [ ] The new owner must appeal to continue the use > **Explanation:** Nonconforming use rights usually run with the land, allowing new owners to continue the use under the same conditions unless local zoning regulations state otherwise. ### How might a nonconforming land use get terminated? - [ ] By filing for tax exemption - [ ] By requesting more expansion - [ ] By increasing the property’s market value - [x] By destruction or significant alteration of the property > **Explanation:** Nonconforming uses can often be terminated if the property undergoes substantial changes, like destruction or structural modification beyond a certain extent. ### Do nonconforming land uses apply to all types of property? - [ ] Yes, all property types can qualify for nonconforming use - [x] No, it depends on the specific zoning regulations and property history - [ ] Only commercial properties are eligible - [ ] Only residential properties are eligible > **Explanation:** Whether a nonconforming use is allowed depends on zoning regulations and the property's historical use before the laws were enacted or changed. ### What primary benefit does nonconforming use status provide to property owners? - [ ] It increases property tax exemptions - [x] It allows continued use of the property as originally intended - [ ] It provides unlimited rights to modify the property - [ ] It defers zoning compliance permanently > **Explanation:** The main benefit of nonconforming use status is that it allows property owners to continue using their property as originally intended without immediately complying with new zoning laws. ### If a property with nonconforming land use is destroyed, can the owner immediately rebuild it? - [ ] Yes, without any restrictions - [x] No, rebuilding is often subject to current zoning laws - [ ] Yes, with federal approval - [ ] No, it reverts to residential use automatically > **Explanation:** If a nonconforming use property is significantly destroyed, its reconstruction might have to comply with current zoning laws, depending on local regulations. ### What is the essential feature of a grandfather clause in zoning? - [ ] It sets a minimum property value for tax purposes - [ ] It provides subsidies for business improvements - [x] It allows existing use to continue despite new zoning regulations - [ ] It exempts certain properties from zoning ordinances > **Explanation:** A grandfather clause permits properties to continue their existing use even if new zoning regulations are enacted. ### Can a nonconforming land use be extended to adjacent properties? - [ ] Often yes, without additional approval - [x] Generally no, each property must conform or have its own nonconforming status - [ ] Yes, across three adjacent lots - [ ] It depends on the state legislation > **Explanation:** Typically, nonconforming status does not extend to adjacent properties unless specifically stipulated by local zoning laws. ### Which government body generally oversees zoning regulations? - [ ] U.S. Congress - [ ] International Realty Board - [ ] County Sheriff’s Department - [x] Local municipal planning department > **Explanation:** Local municipal planning offices or departments typically oversee zoning regulations and compliance.