What defines nonconforming use in real estate?

Nonconforming use in real estate refers to a situation where a property's current use does not conform to the zoning laws that are in effect, but is allowed to continue operating despite this conflict. This typically occurs when zoning laws change after a property has already been developed or used in a certain way. For instance, if a neighborhood is rezoned to residential and a long-standing commercial business remains, that business would be considered a nonconforming use.

The key aspect of nonconforming use is that while the current activity does not match the new zoning regulations, it is permitted to remain because it was legally established prior to the adoption of the new zoning law. This allows property owners to continue their business or use until it is either discontinued or the situation changes.

In contrast, uses that align with current zoning laws represent compliance with the regulations. Temporary permits are different from nonconforming uses, as they allow specific activities for limited durations but do not grant a permanent right to continue an otherwise nonconforming use.