Nonconforming Use in Urban Planning

What is Nonconforming use?

What happens when a property use is deemed nonconforming under local law?

Nonconforming Use Explanation

Nonconforming use is a term used in urban planning to describe a zoning variance given to a parcel of property that does not conform to the current zoning regulations due to changes made by a previous owner or changes in the zoning rules. When a property use is considered nonconforming, it means that the current zoning laws do not allow that particular use in that location.

Urban planning involves creating zoning laws and regulations to control the use of land in different areas. Nonconforming use may occur when a property that was legally used for a specific purpose in the past no longer complies with the current zoning rules. This can happen when the zoning laws change, or new regulations are put in place that restrict certain types of businesses or activities in a particular area.

When a property is deemed nonconforming, the owner may be allowed to continue operating the business or using the property even though it does not comply with the current zoning regulations. This is known as a legal nonconforming use. The property is essentially grandfathered in and can continue its operations as long as it does not undergo significant changes or modifications.

Nonconforming use is governed by local laws and regulations, such as Section 910 of the Local Government Act. Property owners can request variances to depart from the current zoning rules for various reasons, but these requests are subject to approval by the local governing body.

It is important for property owners to understand the concept of nonconforming use and how it may affect their businesses or properties. By following the relevant laws and regulations, property owners can ensure compliance with zoning rules while still maintaining their operations in certain areas.