law
nonconforming use
A nonconforming use is a lawful use of property that existed before a zoning change and no longer fits the new zoning rules. It is often called "grandfathered" and is usually allowed to continue. Local rules commonly limit expanding or rebuilding it, and the right may be lost if the use is abandoned for a set period or the structure is largely destroyed. Details vary by municipality.
- Exam tip
- Nonconforming use existed before the rule changed; a variance is permission granted to deviate from current rules. Exams often swap the two.
- Example
- A corner grocery has operated for 40 years; when the area is rezoned residential, the store may keep operating as a nonconforming use.
Related terms & state variants
Sources
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Last verified: 2026-10-23