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nonconforming use

Nonconforming use refers to when local governments change zoning laws and allow existing property some form of exemption from abiding by the new regulations. Zoning is an important tool used by city leaders, but often, new zoning regulations would not receive support and would devastate particular individuals if they apply to pre-existing property. Without nonconforming use, a business may have to level their entire business just because an area becomes rezoned as residential only. To avoid this predicament, city governments weave nonconforming use clauses into zoning laws that grant some exemptions for property developed before the regulations. 

Nonconforming use comes with limitations. Often, nonconforming property may not expand its nonconforming use in any way or change the property use at all unless it conforms with new zoning regulations. In some circumstances, the nonconforming use may only be granted for a limited amount of time, setting a deadline for the property to meet the new requirements. The owner also may be prevented from returning property to a nonconforming use if the property starts conforming. Nonconforming use comes in a variety of forms and some kinds may be outlawed by legislation.

[Last reviewed in May of 2022 by the Wex Definitions Team
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