what does non-conforming use mean?

Question

I am looking at a shop in downtown for sale and it says on the listing non-conforming use?

Answer 1

non-conforming use means that the current use of the land (i.e., as a shop), is now contrary to the current zoning ordinance.

when you have a zoning ordinance, you can only make the use of land that is allowed by the ordinance. so, someone starts a store that is compliance with the then-current ordinance.

the problem is what happens when the town council changes the zoning ordinance, such that the store that is already there is in violation of the ordinance.

the good news: the store gets to stay there, as it is a prior non-conforming use. (the use is prior to the new zoning ordinance, but it is now non-conforming with the current ordinance).

the bad news: any change in the character of the store is banned. if the store is to be changed at all, it must be brought into conformity with the current zoning code, even if that means that you'd have to convert the store from commercial to residential, or whatever the new zoning ordinance says.

Answer 2

Non-conforming use indicates that the current zoning is not consistent with the current land use of the property.

With that in mind you should find a land use attorney who is a specialist in your city or county. He or she should be able to help you determine if the proposed use for your shop will work under current zoning or be permitted under the existing legal-non conforming criteria.

Do not skimp on the due diligence. If you sign a lease and find out later that your business may not legally operate, you may have no recourse with the municipality and still be required to pay your rent.

Answer 3

non-conforming use indicates the property itself, its characteristics, and/or use, does not conform to the surrounding area. Also, the property does not meet freddie mac/fannie mae guidelines. These guidelines ensure a standard of use for all property types. There might be structural issues, legal issues, or financial issues that may cause a property to be of non-conforming use. Getting a loan on a non-conforming property is more difficult. It can be done but you will see a higher interest rate and/or required to provide more money down (20-30%). Capiche?

Answer 4

The term "non conforming use" have been answered to you. If you are planning to buy that property, get all the information you can about the limitations that the property might have in terms of use and construction. Also, make sure that the "non conforming use" is transferred to you when you buy the property. I've known some cases that the "non conforming use" will end if the property is sold. Get informed, WELL informed before attempting to buy this kind of properties.

Answer 5

Non-Conforming means a Loan not meeting the Financial standards of the lender

The words Non-Conforming is also used in Golf - According to Appendix II, section 5a of the Rules of Golf, "The material and construction of, or any treatment to, the face or the clubhead shall not have the effect at impact of a spring (test on file), or impart significantly more spin to the ball than a standard steel face, or have any other effect which would unduly influence the movement of the ball."

This is the part of the rulebook that has caused so much controversy: the spring-like effect. High-COR drivers, low-COR drivers, legal drivers, illegal drivers. And COR ... what exactly is "coefficient of restitution" anyway?

Answer 6

None-conforming use would relate to the zoning of the property. The use is not in compliance with the current zoning.

Answer 7

It's means that once you leave, you will not be re-admitted.