Also known as: legal nonconforming use · legally nonconforming uses · legally nonconforming use · nonconforming use · nonconforming uses
Written by attorneys · grounded in primary & secondary sources — see below
A land use that was lawful when established but does not comply with later-enacted zoning restrictions. The owner acquires a vested right to continue the existing use. The right may be lost through abandonment, discontinuance for the statutory period, or in some jurisdictions through a reasonable amortization ordinance.
Luis Equipment, Inc. has run an outdoor storage yard for thirty years on land that was properly zoned at the time. After suburban growth, the town rezoned the area for townhouses and ordered all such yards to close within five years. Luis challenges the order as an invalid attempt to eliminate the preexisting use at once. The court upholds the challenge because the yard qualifies as a protected nonconforming use that cannot be terminated immediately.
Lakeside Communities LLC has operated a mobile home park for forty years under prior low-density zoning. The city later rezones the area for luxury condominiums and adopts an ordinance requiring all nonconforming parks to close within six months. Lakeside sues to block the short deadline. The court rules for Lakeside because the brief period fails to provide a reasonable amortization window given the owner's investment.
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The use must have been lawful when begun and must predate the zoning change that renders it nonconforming. The owner then holds a vested right to continue the specific use.
No. The vested right generally prevents immediate elimination. Termination requires abandonment, statutory discontinuance, or a valid amortization period.
The period must be reasonable in light of the use's nature, the owner's investment, and the time needed to recoup costs. An unreasonably short period may constitute a taking.
No. Loss of the right typically requires voluntary abandonment or discontinuance. An externally compelled shutdown does not trigger lapse of the vested right.