A use lawfully established before a zoning amendment may continue as nonconforming. Rights are typically lost through abandonment, discontinuance for a defined period, destruction beyond a threshold, or unlawful expansion.
Expansion and change of use are restricted.
Alternative Names:
Legal Nonconforming Use|Grandfathered Use
Why it Matters?
Discontinuance provisions terminate the right after a defined period of nonuse, frequently six months to a year, and the period runs regardless of intent to resume in many jurisdictions. That catches owners who paused operations for renovation or market conditions. Destruction thresholds are separately consequential, since rebuilding after damage exceeding a percentage of value may require conformity with current zoning.
Frequently Confused with
Related terms
Frequently asked questions
How are nonconforming rights lost?
Does intent to resume preserve the right?
