What is a pre-existing non-conforming use?

In California property law, a pre-existing non-conforming use is an activity or condition of a property that does not conform to current zoning regulations. For example, a property that was originally zoned for residential use may become an area of commercial activity or vice versa. In such a case, the activity or condition that was existing prior to the zoning change is referred to as a pre-existing non-conforming use. The purpose of pre-existing non-conforming use laws is to provide some level of protection to those who were lawfully using the property prior to the zoning change. These laws are meant to allow people to continue their lawful activities and not to be forced to stop using the property simply because the zoning has changed. Without these laws, individuals and businesses would be forced to uproot and move to another area or stop their activity entirely. It is important to note that not all pre-existing non-conforming uses are allowed to continue indefinitely. The zoning regulations will often dictate the timelines for when a certain non-conforming use must cease. For instance, a pre-existing non-conforming use of an area zoned for residential use may have to be eliminated within a certain time period. Additionally, some cities may require that these non-conforming uses be reduced in size or intensity, or that their impacts be mitigated in some way over a certain time frame. In California, pre-existing non-conforming uses can provide a level of protection to property owners, but it is important to understand the details of the local zoning laws and the timeline for when a certain non-conforming use must cease.

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What is a pre-existing non-conforming use?

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