What is a pre-existing non-conforming use?
A pre-existing non-conforming use is a use of a property that exists prior to a zoning ordinance, but does not comply with the current zoning regulations. This can include a variety of uses such as the size of a building, the number of occupants, certain land uses, or the type of property. In Virginia, a pre-existing non-conforming use is allowed to continue for a certain length of time, as long as it does not violate the existing zoning regulations. However, if it is changed or expanded in any way, it must comply with the current zoning ordinances. For example, if a homeowner had a two-story house prior to the current zoning ordinance, but the ordinance now states that all houses in the area are required to be single story, then the homeowner can continue to have a two-story house as a pre-existing non-conforming use. However, if they decide to expand the house, they must follow the current ordinance.
Related FAQs
What is adverse possession?What is a deed of restrictive covenant?
What is a quiet title action?
What is the difference between a lease and a license?
What is an estoppel?
What is a reversionary interest?
What are real estate taxes?
What is an accession?
What is a deed of release?
What is an encroachments clause?
Related Blog Posts
What You Need to Know About Property Law - July 31, 2023Property Law: What to Look Out For When Purchasing Real Estate - August 7, 2023
Understanding the Basics: A Guide to Property Law - August 14, 2023
Common Types of Property Law Cases - August 21, 2023
The Impact of Property Law on Real Estate Transactions - August 28, 2023