Continuing Non-Conforming Property Status Protection in the Local Zoning Ordinance

A non-conforming business may continue to operate and keep its non-conforming status protection after new zoning laws make it illegal to do so. However, any continued operation as such is subject to the approval of the local zoning authority. The business owner must be granted permission to be allowed to continue the non-conforming operation of his business. And it is not uncommon for the jurisdiction to permit a single owner to continue operating until that owner has been replaced or the business has shut down.

Continuing Non-Conforming Use

A non-conforming user cannot necessarily be ordered to discontinue operations of his or her business or to change the already established use of his property due to a change in zoning, which now indicates a non-compliant use. If a business owner can show the particular commercial use existed prior to the new zoning law, the owner may be eligible to continue operating regardless of the change as a non-conforming use. However, if the use is dangerous or drastically different from the newly-zoned neighborhood, it may not be permitted to continue and will be gradually phased out. Non-conforming uses may also face complaints and lawsuits, including a nuisance violation from surrounding property owners. A local zoning attorney can help answer questions about continued non-conforming status protection for the ongoing business.

Case Studies: Continuing Non-Conforming Property Status Protection

Case Study 1: John’s Home Business

In this case, John operated a small home-based business selling handmade crafts. He had been running his business from his residential property for several years when the local zoning laws changed. New regulations banned commercial activities in residential areas, but John’s established business allowed him to continue operating. However, he eventually closed his thriving Home Business upon retiring.

Case Study 2: Sarah’s Bed and Breakfast

Sarah owned a charming bed and breakfast located in a residential neighborhood. When the zoning laws were updated, the property’s use as a bed and breakfast became non-compliant with the new regulations. However, Sarah was able to obtain approval from the local zoning authority to continue operating as a non-conforming use.

Case Study 3: Mark’s Industrial Workshop

Mark ran an industrial workshop that specialized in metal fabrication. His workshop had been in operation for many years in an area designated for industrial use. However, due to urban development plans, the zoning regulations changed, and the area was rezoned for residential purposes. Mark’s workshop became a non-conforming use under the new regulations.