Nonconforming Uses & Structures
by Susan G. Connelly
Attorney Susan Connelly explains the basic law of nonconforming uses and structures.
Read first few paragraphs of article:
Nonconforming uses and structures have been with us every since
zoning first emerged in the 1920s. Since that time, they have
represented the "Achilles heel" of planning and zoning. The root
of the problem is that nonconformities reduce the effectiveness
of what a community is trying to accomplish through its
comprehensive plan, as implemented by its local zoning
regulations. The continued existence of nonconforming uses, for
example, undermines what a community is seeking to achieve when
it establishes specific allowable uses for a zoning district.
At the same time, communities -- quite understandably -- have
been reluctant to call for the removal of ongoing businesses and
existing structures, reflecting substantial financial
investments, just because they fail to comply with current
zoning requirements. The "solution" has been to subject
nonconforming uses and structures to a diverse assortment of
restrictions, all intended to hasten the day when the particular
use or structure either "disappears" or comes into compliance
with the existing zoning regulations.
Nonconformities come in all shapes and sizes. But what they
represent is simple enough to state: non-compliance with the
relevant requirements of a particular zoning district or
classification.
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