Nonconforming Use | Propertylogy

Nonconforming Use

By on October 3, 2019

Nonconforming use refer to the use of real property that was lawful and in accordance with zoning regulations at the time when it was constructed but does not conform to current zoning law.

This might apply to the building itself, structure, land or lot.

Under such circumstances, the property and owner would usually be permitted to continue with nonconforming use until a time comes when the new rules can be applied.

This could be when a new owner applies for a different use, when the lease of the land expires and is up for renewal, when a new building is built to replace the current one, etc.

Otherwise, the local government can also allow the nonconforming use for a reasonable amount of time before the new zoning regulations apply to the site.

This enable the land owner time to make changes that adhere to the law.

In extreme cases, the government might even take over the land through eminent domain or via condemnation.

When buying property under nonconforming use, one should be aware that there might be various restrictions on what can be done to the property.

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