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nonconforming use

   Also found in: Legal 0.01 sec.
nonconforming use

The use of a property in a manner that was permitted at one time but that now violates a zoning or other restriction.The use is allowed to continue—is grandfathered—as a nonconforming use.Depending on the particular laws of the jurisdiction,a nonconforming use may not be allowed to continue after a sale, long-term lease, substantial destruction of the property, or abandonment for a period of time.



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Brackett, the lawyer representing the property owners, said the crux of the case comes down to the interpretation of what a "resident family" is and whether his clients' properties should be protected as pre-existing, nonconforming uses since they operated in such a manner for several years.
A letter of advice from the attorney general points out that uses developed pursuant to Measure 37 do not fall within the statutory definition of nonconforming uses, raising the question of whether any such use can ever "vest" and so be transferred to others.
Further complications also can arise relative to signs, parking and the vested rights enjoyed by nonconforming uses.
 
 
 
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