nonconforming use


Also found in: Legal, Encyclopedia.

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.

Mentioned in ?
References in periodicals archive ?
Action is taken against the nonconforming use of houses in light of the given rules.
after all, how would they even know they have nonconforming uses or structures on their property?
Cattanach spoke of major policy regulatory inconsistencies in the regulations for compact development (the current town center concept has been up, not out), nonconforming uses, and the development approval process.
right to a nonconforming use of land is transferable under Oregon law.
Typically, a local government sets forth a specific time frame by which a nonconforming use must be terminated.
This line of reasoning, popularized in the context of billboard amortization, suggests that the monopolistic position afforded to the owner of a nonconforming use during the amortization period is itself a type of compensation for future loss.
Silva;(16) namely, "what is the appropriate legal standard to determine whether a nonconforming use has been discontinued under the [New York City] Zoning Resolution?
Justice Shaukat Siddiqui remarked that running of a guest house was an activity falling within the definition of nonconforming use.
In a complex opinion addressing the regulation of signs and nonconforming uses, the Ninth Circuit consolidated two lower court decisions.
We might just take out that paragraph - that one little part about the nonconforming uses," Meyers said.
They constitute an alteration of the operation, and you can't do that and maintain status as a nonconforming use," Howe said.
Insufficient evidence to determine what the nonconforming use should be led county Planning Director Kent Howe in July to reject the owners' arguments that the 46-year-old speedway, its grandstands, restrooms, parking lot and other buildings should be declared grandfathered uses on the 17-acre piece of land off Highway 99, just north of Cottage Grove's city limits.