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Real Property • Zoning
PROP#251
Legal Definition
A "non-conforming use" is a use of land that does not conform to a zoning act, but existed before the zoning act was passed. It cannot be eliminated all at once and, instead, must be amortized.
Plain English Explanation
It would be unfair for the government to pass a new zoning restriction that is already being violated by some property owners and expect them to immediately conform. Thus, to be fair to them, they are given a period of time to gradually reduce their infringing use of the property.
Hypothetical
Hypo 1: Amy owns a cattle farm with more than 1,000 cows. Bob has a cattle farm with 499 cows. Due to a recurring outbreak of disease from large cattle farms in the area, the city has passed a zoning ordinance restricting farms to no more than 500 cows. Result: Under the new zoning ordinance, Amy's cattle farm is a non-conforming use, however, because it existed at the time the new zoning ordinance was passed, Amy doesn't need to immediately sell or slaughter 500 of her cows. Rather, she will be required to bring her number of cows down to 500 over time (likely as she regularly slaughters or sells them). In comparison, Bob is immediately held to the new restriction. He is only allowed to obtain 1 more cow.
