Land Use Regulations
A property use that was legal when established but no longer complies with current zoning regulations.
A nonconforming use (also called a legal nonconforming use or 'grandfathered' use) is a property use that existed lawfully before a zoning change but does not comply with the new zoning. The property owner is generally allowed to continue the nonconforming use but cannot expand or enlarge it. If the nonconforming use is abandoned or the structure is destroyed beyond a certain percentage, the owner must comply with current zoning when rebuilding.
Exam Tip
A nonconforming use can continue but cannot be expanded. If destroyed or abandoned, it loses its grandfathered status.
Study Guide
Land Use Regulations
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Practice
NY Real Estate Land Use
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