Nonconforming use
Encyclopedia
A type of zoning
variance where a parcel of land may be given an exception from current zoning ordinances due to improvements made by a prior owner or before the current zoning ordinances made the desired use non-conforming under local law.
Secondary suite
s are commonly permitted as a non-conforming use in the zoning district they are located in because the suite was developed prior to the zoning ordinance coming into effect.
Implied intent exists if the landowner fails to exercise the nonconforming use. If the landowner discontinues the nonconforming use after a specified period, commonly 21 years in many jurisdictions but shorter in many others, then the nonconforming use will be terminated and parcel will become subject to the zoning requirements of the area in which it is located. Such a discontinuance of the use implies the intent to abandon the use.
Some states allow amortization of the nonconforming use whereby the nonconforming use's immediate value is amortized over the course of a set period and once the value of the nonconforming reaches zero the nonconforming use ends. Normally such an ordinance is upheld unless it is arbitrary or discriminatory or unreasonable, and it is usually limited to certain uses and outside of those uses it may be an unreasonable exercise of police power. A reasonable exercise of an amortization end of the nonconforming use allows for a complete return on the investment.
Zoning
Zoning is a device of land use planning used by local governments in most developed countries. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another...
variance where a parcel of land may be given an exception from current zoning ordinances due to improvements made by a prior owner or before the current zoning ordinances made the desired use non-conforming under local law.
Secondary suite
Secondary suite
Secondary suite is an urban planning term for an additional separate dwelling unit on a property that would normally accommodate only one dwelling unit. A secondary suite is considered "secondary" or "accessory" to the primary residence on the parcel. It normally has its own entrance, kitchen,...
s are commonly permitted as a non-conforming use in the zoning district they are located in because the suite was developed prior to the zoning ordinance coming into effect.
Intent
The landowner may explicitly intend to discontinue the use by agreeing to end the use.Implied intent exists if the landowner fails to exercise the nonconforming use. If the landowner discontinues the nonconforming use after a specified period, commonly 21 years in many jurisdictions but shorter in many others, then the nonconforming use will be terminated and parcel will become subject to the zoning requirements of the area in which it is located. Such a discontinuance of the use implies the intent to abandon the use.
Partial destruction
If the structure exercising the nonconforming use is destroyed beyond a certain percentage (usually 50%) it cannot be rebuilt or repaired. Instead, the parcel becomes subject to the applicable zoning regulations thereby ending the nonconforming use's reprieve from the zoning regulations.Some states allow amortization of the nonconforming use whereby the nonconforming use's immediate value is amortized over the course of a set period and once the value of the nonconforming reaches zero the nonconforming use ends. Normally such an ordinance is upheld unless it is arbitrary or discriminatory or unreasonable, and it is usually limited to certain uses and outside of those uses it may be an unreasonable exercise of police power. A reasonable exercise of an amortization end of the nonconforming use allows for a complete return on the investment.
See also
- Grandfather clauseGrandfather clauseGrandfather clause is a legal term used to describe a situation in which an old rule continues to apply to some existing situations, while a new rule will apply to all future situations. It is often used as a verb: to grandfather means to grant such an exemption...
- ZoningZoningZoning is a device of land use planning used by local governments in most developed countries. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another...
- Zoning in the United States (land use)
- Variance (land use)Variance (land use)A variance is the process by which an applicant can request deviation from the set of rules a municipality applies to land use and land development, typically a zoning ordinance, building code or municipal code. The manner in which variances are employed can differ greatly depending on the...
- Spot zoningSpot zoningSpot zoning is the application of zoning to a specific parcel of land within a larger zoned area when the rezoning is usually at odds with a city's master plan and current zoning restrictions. The rezoning may be for the benefit of a particular owner, and at odds with pre-existing adjacent...
- Special use permit