Nonconforming Use
In real estate, a nonconforming use refers to a property use or structure that does not comply with the current zoning regulations or land use restrictions imposed by local government authorities. Nonconforming uses are often grandfathered in, meaning they were legally established before the enactment of current zoning ordinances or changes in land use regulations. As a result, these uses are allowed to continue despite not meeting the current zoning requirements.
Key aspects of nonconforming use in real estate include:
1. Established before zoning regulations: Nonconforming uses typically existed prior to the implementation of current zoning regulations or changes in land use ordinances. These uses were legally established under previous zoning rules and are allowed to continue even though they do not conform to the current zoning requirements.
2. Legal status: Nonconforming uses have legal protection under the principle of “vested rights,” which means that property owners are entitled to continue using their property in the same manner as when it was legally established. However, the scope of nonconforming use rights may be subject to certain limitations and restrictions imposed by local zoning ordinances.
3. Limitations on expansion or modification: While nonconforming uses are generally allowed to continue, they may be subject to limitations on expansion, modification, or intensification. Local zoning ordinances may prohibit or restrict changes to nonconforming uses that would increase their nonconformity or adversely affect neighboring properties.
4. Abandonment or discontinuance: Nonconforming uses may lose their legal status if they are abandoned or discontinued for a certain period of time, as specified by local zoning ordinances. Property owners must typically demonstrate continuous use of the nonconforming use to maintain its legal status and avoid being deemed abandoned.
5. Variances and special permits: In some cases, property owners may seek variances or special permits from local zoning authorities to modify or expand nonconforming uses. Variances and special permits allow property owners to deviate from the strict application of zoning regulations under certain conditions and with approval from the appropriate governing body.
In Virginia, the regulation of nonconforming uses is governed by local zoning ordinances and land use regulations established by city and county governments. While Virginia state law does not specifically address nonconforming uses, local jurisdictions have the authority to adopt zoning ordinances that govern land use and development within their boundaries, including provisions related to nonconforming uses.
Property owners and developers should consult with local zoning authorities and legal professionals to understand the specific regulations and requirements governing nonconforming uses in their area and to ensure compliance with applicable zoning ordinances and land use regulations.
