What is a pre-existing non-conforming use?

A pre-existing non-conforming use is a property use that existed prior to a change in zoning laws. This type of use may no longer be allowed under the new law, but is still lawfully allowed to continue. For example, in Massachusetts, a homeowner might have been operating a business out of their residence for several years. When the town passes a new zoning law that prohibits residential businesses, the homeowner’s business may legally continue as a pre-existing non-conforming use. In Massachusetts, some non-conforming uses may even be expanded, as long as they do not conflict with any other local zoning laws. However, the use must have been established prior to the change in the zoning laws. Under some circumstances, a non-conforming use may be terminated if it has not been used for a certain period of time, or if the owner has not taken any measures to keep it from lapsing. Non-conforming uses can be an important tool for individuals and businesses that require a certain type of property use that is no longer allowed in their district. It also helps ward off occurrences of spot zoning, which is when regulations are imposed to benefit one particular person or entity. Pre-existing non-conforming uses can help protect property owners and ensure that zoning laws are applied fairly and without favoritism.

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What is a pre-existing non-conforming use?

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