science

Nonconforming use

Nonconforming use is a science topic covered in the lgStudy science library. This page brings together a partial reference excerpt, illustrations, worked examples, real-world applications and a short study plan, so you can understand Nonconforming use rather than just read about it. In short: Nonconforming use in urban planning the use of land that was authorised at the time the use was created but is no longer allowed due to changes made to the zoning restrictions after that time. Secondary suites are commonly permitted as a non-conforming use in the zoning district they are located in because the suite was developed prior to the zoning ordinance coming into effect.

Key takeaways

Nonconforming use belongs to science; place it in that map before memorising details.
Learn the definition first, then one example that makes the definition concrete.
Connect Nonconforming use to a quantity you can measure, compute or draw — that is where exam questions come from.
Reproduce the core statement of Nonconforming use from memory before moving on to harder problems.

Reference excerpt

Nonconforming use in urban planning the use of land that was authorised at the time the use was created but is no longer allowed due to changes made to the zoning restrictions after that time. Secondary suites are commonly permitted as a non-conforming use in the zoning district they are located in because the suite was developed prior to the zoning ordinance coming into effect.

Discontinuance

Intent The landowner may explicitly intend to discontinue the use by agreeing to end the use. Implied intent exists if the landowner fails to exercise the nonconforming use. If the landowner discontinues the nonconforming use after a specified period, commonly 21 years in many jurisdictions but shorter in many others, then the nonconforming use will be terminated and parcel will become subject to the zoning requirements of the area in which it is located. Such a discontinuance of the use implies the intent to abandon the use.

Partial destruction In some jurisdictions, if the structure exercising the nonconforming use is destroyed beyond a certain percentage (usually 50%) it cannot be rebuilt or repaired. Instead, the parcel becomes subject to the applicable zoning regulations thereby ending the nonconforming use's reprieve from the zoning regulations. In others, by statute usually allowed to rebuild within a limited period. If dwelling, usually permitted to rebuild.

Replacement of non-conforming mobile homes Local governments may, and often do, prohibit the replacement of older non-conforming mobile homes with newer non-conforming mobile homes because the replacement tends to perpetuate and extend the time the non-conforming use continues. See e.g. Lincoln County North Carolina. Code §10.2.3; Linn County, Iowa Code Art. 3, sec.1 para.6; Davenport Florida City Code §5.01.04.

Amortization Some states allow amortization of the nonconforming use whereby the nonconforming use's immediate value is amortized over the course of a set period and once the value of the nonconforming reaches zero the nonconforming use ends. Normally such an ordinance is upheld unless it is arbitrary or discriminatory or unreasonable, and it is usually limited to certain uses and outside of those uses it may be an unreasonable exercise of police power. A reasonable exercise of an amortization end of the nonconforming use allows for a complete return on the investment. Many property-rights advocacy groups are critical of amortization, because it forces property owners to cease a previously lawful use without providing them with any compensation. In some states, amortization of a nonconforming use is unconstitutional.

See also Grandfather clause Zoning Zoning in the United States (land use) Variance (land use) Spot zoning Special use permit

References

External links Definition from Answers.com

Worked examples

Example 1 — a first encounter with Nonconforming use

Start with the simplest possible case. Write down what Nonconforming use claims or describes in one sentence, then invent the smallest concrete situation in which that sentence is true. In science, the smallest case is usually a single object, a single equation or a single measurement. Check that every symbol or term in your sentence has a meaning in that case.

Example 2 — changing one variable

Take the situation from Example 1 and change exactly one quantity: double it, halve it, or set it to zero. Predict what should happen to Nonconforming use before you calculate. Comparing your prediction with the result is the fastest way to find out whether you understand the idea or only the words.

Example 3 — an exam-style question

Typical questions about Nonconforming use ask you to (a) state it precisely, (b) apply it to given data, and (c) explain a limitation. Practise writing all three answers in under five minutes; the third part is what separates a full-mark answer from an average one.

Applications of Nonconforming use

In research: Nonconforming use appears in science research whenever the underlying quantities have to be modelled precisely. Papers usually cite it as a starting assumption and then explore where it breaks down.
In technology and industry: Engineering practice reuses Nonconforming use in design rules, simulations and safety margins. Knowing the idea lets you read a specification sheet and understand why the numbers look the way they do.
In the classroom: Nonconforming use is common in secondary-school and first-year university syllabi. It links to neighbouring topics Zoning, so understanding it makes those chapters shorter.
In everyday life: Look for Nonconforming use outside the textbook — in sport, cooking, traffic, electronics or the sky above you. An example you found yourself is remembered far longer than one you were given.

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How to study Nonconforming use in 20 minutes

Read the reference excerpt below once, without taking notes.
Close the page and write down what Nonconforming use means in your own words.
Compare your version with the excerpt and mark what you missed.
Work through the three examples above with pen and paper.
Explain Nonconforming use out loud to somebody else — or to Teacher Smith in the lgStudy chat.

Frequently asked questions

What is Nonconforming use in simple terms?

Why does Nonconforming use matter?

Because it connects several science ideas at once: it gives you a definition you can apply, a quantity you can calculate, and a way to check whether a result is plausible.

How should I study Nonconforming use?

Read the excerpt, restate it from memory, then work through the examples and applications listed on this page. The five-step study plan above takes about twenty minutes.

What does this page cover?

It gives you a compact reference excerpt plus original lgStudy explanations, examples, applications and study material on Nonconforming use.