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What is a non-conforming use? | Freilich Law | Michael Freilich | freilichlaw.com | (410) 321-0040

Zoning permits the use of properties in certain ways. A non-conforming use is one which doesn’t conform to the current zoning. Typically, people ask about a prior nonconforming use. So for example, you have a home in a neighborhood which is being used as a school but the zoning does not allow a school, so then there needs to be a prior nonconforming use. And in most jurisdictions, there’re ways of obtaining them if you prove certain elements and you go to certain boards or tribunals and file an application for prior nonconforming use. In many jurisdictions, if a property’s not used in the prior nonconforming use purpose and is vacant or not used for that for a year, that prior nonconforming use exception dissipates.