Main Content
Nonconforming Use
Development on land prior to the zoning ordinance that does not comply in some way with the zoning ordinance is generally called a “nonconforming use.” These may include lots too small or too large, buildings or structures of incorrect size or location on property, and uses of land, signs, or some combination of these that do not fit the zoning code. The zoning ordinance makes an exception for these uses but restricts them. Therefore, the nonconforming building, structures, uses, and signs may continue, but may not be enlarged, expanded, or extended; and, if the nonconformity is one which may be abandoned (such as a business not normally permitted in a residential area), it may not be changed into another business without a new exception or permit, and may not be restarted, once abandoned. So, for instance:
If any legally established nonconforming use of land, other than single family residential is:
(A) Abandoned for any period of time; or,
(B) Discontinued for more than six (6) consecutive months (except when a probate related court order or government action impedes access to the premises), any subsequent use of such land shall conform to the provisions of this Chapter.[1]
[1] St. Joseph County Zoning Ordinance, § 154.051.
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.