What is a Nonconforming Use or Structure?

Introduction

In the world of construction and real estate, the term “nonconforming use or structure” refers to buildings or uses that do not comply with current zoning or building codes. Understanding what nonconforming use or structure means and how it impacts property modifications is crucial for property owners and developers.

Defining Nonconforming Use or Structure

A nonconforming use or structure is a building or use that legally existed prior to current zoning or building code changes but does not comply with those new regulations. These buildings or uses are typically “grandfathered” in, allowing them to continue operating under certain conditions despite not meeting current standards.

Examples of Nonconforming Uses and Structures

Structures Built Prior to Zoning Changes:

A building may have conformed to zoning ordinances at the time of its establishment, but due to later zoning changes, it no longer complies.

Example: A restaurant in a shopping center in Palmdale, California, which became nonconforming when zoning laws were amended to restrict the area to retail use only. The restaurant can continue operations but may face limitations on modifications or expansions.

Structures Built Prior to Building Code Changes:

Buildings that were compliant with building codes when constructed but are now outdated due to new code requirements.

Example: An office space in Las Vegas, Nevada, built in the 1980s, may not meet current ADA requirements. It can operate as is if used privately, but renovations may trigger the need for code updates.

Historic Buildings:

Buildings deemed historic by authorities due to their historical significance may not conform to modern building codes.

Example: A shopping center in Philadelphia, Pennsylvania, built in the late 1800s, is considered historic. Modern updates may be restricted to preserve its historic features.

Implications of Nonconforming Use or Structure

Modification and Expansion Restrictions:

Nonconforming buildings may face limitations or require special approvals for modifications and expansions. Local building officials and planning directors must approve changes, often through a process called code modifications or grandfathering.

Operational Limitations:

Nonconforming uses may continue to operate but can be restricted in terms of changes and improvements. For instance, significant updates may require bringing the entire building up to current code standards.

Case-by-Case Decisions:

Decisions regarding nonconforming structures are made by local jurisdictions on a case-by-case basis, considering factors such as safety, accessibility, and historical value.

Conclusion

Understanding nonconforming use or structure is essential for property owners and developers planning to make alterations or improvements. Navigating these complexities requires careful consideration of local codes and regulations.

If you need assistance with understanding or managing nonconforming uses or structures, Permitor is here to help. Our team of experts can guide you through every step, ensuring your project complies with all regulatory standards and requirements. Visit our website for more information and support from the Permitor experts.