What defines a non-conforming use in zoning?

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A non-conforming use in zoning refers to a type of land use that existed legally prior to the enactment of new zoning regulations but does not conform to the current zoning laws. This means that while the use is not compliant with the latest zoning requirements, it was considered permissible at the time that it was established. As communities develop and zoning laws evolve to manage growth and land use more effectively, existing uses that do not fit into the new zoning categories are classified as non-conforming.

This classification helps protect property owners who engaged in uses that were authorized before new restrictions were put in place. In many cases, these non-conforming uses retain some legal rights to continue operating, although they may be subject to certain restrictions or regulations to eventually bring them into compliance or phase them out over time. This is fundamentally different from a compliant use, which wholly adheres to current zoning laws, and from temporary uses, which do not necessarily involve long-term land use issues.

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