MBE Rules · Real Property
Zoning — non-conforming use
The rule
A use lawfully in existence when a new zoning ordinance takes effect may continue as a non-conforming use, but may not be substantially enlarged, changed, or resumed after abandonment. Ordinances may amortize non-conforming uses out of existence over a reasonable period; a change in ownership does not, by itself, terminate the right.
In plain English
"Grandfathered" use. The right survives the ordinance change but freezes in place — no expansion, and it dies if abandoned.
The trap
Rebuilding after destruction, or expanding footprint, generally forfeits non-conforming status.
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