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Legal Nonconforming Use
Practical Law Glossary Item w-000-6240 (Approx. 2 pages)
Glossary
Legal Nonconforming Use
A property use that was permitted under the zoning ordinance when the project was built, but is no longer permitted because of a change to the zoning ordinance. Most zoning ordinances:
- Permit a legal nonconforming use to continue.
- Do not allow the expansion of that nonconforming use.
- Contain restrictions prohibiting the nonconforming use after the owner abandons or discontinues the use.
- Allow reconstruction of the nonconforming property after a casualty without requiring compliance with the current zoning ordinance if the restoration cost is below a stated percentage of the property value.