Can a business operate a non-conforming use?

A non-conforming business may sometimes continue to operate after zoning laws change to make it illegal to do so, however, any business operating a non-conforming use should be sure to receive approval for their continued operation. It is not uncommon that a jurisdiction opt to allow a single owner to continue a non-conforming use until that owner has been replaced or the business has shut down.

A nonconforming user cannot always be ordered to discontinue operations or to change an already established use of his or her property due to a change in zoning creates non-compliance. If a business owner can show the commercial use existed prior to the new zoning law, then they may be eligible to continue operating regardless of the change as a non-conforming use. However, if the use is dangerous or drastically different from the newly-zoned neighborhood then it may not be permitted to continue and be gradually phased out. Non-conforming uses may also face complaints and lawsuits from surrounding property owners for nuisance or other civil actions. For questions about whether or not a specific non-conforming business may still operate after a change in zoning law, consult a local zoning attorney.

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