Zoning & entitlements
Nonconforming use / structure
A use or building lawful when established but out of step with current zoning — allowed to continue, barred from expanding, and easy to lose.
Definition
A legal nonconforming ("grandfathered") use or structure was lawful when created and became noncompliant through a later zoning change. Local codes adopted under the zoning law let it continue but typically bar expansion or intensification, cap rebuilding after major destruction, and extinguish the right after a discontinuance period or amortization schedule.
State law softens the edges for housing: the ADU statute bars agencies from conditioning an ADU permit on curing existing nonconforming zoning conditions.
Why it matters in an underwrite
Nonconforming status is a quiet value-add risk: a 12-unit building on land now zoned for six may not be rebuildable after a fire — a question lenders and insurers price. Get the city's written confirmation of rebuild rights during diligence. Watch the discontinuance clock too: often a year or less of vacancy can extinguish the use, a trap during long repositioning holds.
Sources & related guides
See also
See the term in the law itself
Read the controlling text in the Code Library, or ask the AI how it applies to your project.
Last reviewed 2026-07-29. General information, not legal advice.