Conforming Use vs. Non-Conforming Use + Examples
In commercial real estate, the terms “conforming use” and “non-conforming use” refer to whether a property use complies with the zoning regulations set by local authorities. Zoning regulations are rules that dictate how land and buildings can be used within a specific area. Here’s an explanation of these concepts.
Conforming Use
– A conforming use is one that aligns with the current zoning regulations for the specific area in which the property is located.
– The property use conforms to the permitted uses outlined in the local zoning ordinance.
– Conforming uses typically receive the necessary approvals and permits more easily since they adhere to the established zoning rules.
Non-Conforming Use
– A non-conforming use occurs when a property use does not comply with the current zoning regulations.
– Non-conforming uses may exist because the zoning rules have changed over time, and the existing use predates the current regulations.
– While non-conforming uses are allowed to continue, they may face restrictions, limitations, or additional regulations. In some cases, changes or expansions to the property may be subject to stricter scrutiny.
Here are a few points to consider:
Grandfathered Status: Non-conforming uses may be “grandfathered,” meaning they are allowed to continue despite not complying with current zoning regulations. However, this status is often subject to conditions, and any changes to the property may require bringing it into conformity.
Variances: Property owners may seek variances to continue or change non-conforming uses. Variances are special permissions granted by local zoning boards that allow deviations from zoning regulations.
Implications for Property Value: Non-conforming use can have implications for the property’s value and marketability. Potential buyers may be cautious due to uncertainties related to zoning compliance.
Examples: Conforming Use
1.) Retail Store in a Commercial Zone
– If a retail store operates in a zone designated for commercial activities, and the zoning regulations permit retail establishments, then this is a conforming use.
2.) Office Building in a Business District
– An office building located in a zone specifically designated for business or office use would be considered a conforming use if it complies with the zoning regulations.
3.) Manufacturing Facility in an Industrial Zone
– A manufacturing facility operating in an area zoned for industrial activities would be a conforming use if it adheres to the zoning rules for industrial properties.
Examples: Non-Conforming Use
1.) Residential Property in a Commercial Zone
– If a residential property exists in an area zoned for commercial purposes, and the residential use predates the change in zoning, it may be considered a non-conforming use. The property might be allowed to continue, but future residential development may be restricted.
2.) Gas Station in a Residential Zone
– Suppose a gas station operates in an area that has been rezoned for residential purposes. The gas station, if established before the rezoning, may be a non-conforming use. The owners might face restrictions on expansions or modifications.
3.) Non-Conforming Building Size
– If a building exceeds the height or size limits imposed by current zoning regulations but was constructed before these rules were enacted, it could be a non-conforming use. However, any significant renovations or expansions may require special permissions.
It’s crucial for property owners, investors, and developers to be aware of zoning regulations and understand whether a property use conforms or is non-conforming. This knowledge is essential for making informed decisions about property acquisition, development, and potential changes in land use. Consulting with local zoning authorities or legal professionals is recommended to navigate these issues effectively.
Disclaimer: The information provided above is intended for general informational purposes only and should not be construed as legal or financial advice. Real estate laws and regulations vary widely across jurisdictions, and the content offered here may not reflect the most current legal standards or interpretations.
