Solving for Legal Nonconforming Uses
What is a Legal Nonconforming Use?
A “legal nonconforming use” is planning jargon used to describe uses that were legal when they were established, but that no longer meet current zoning regulations. Another commonly used term is “grandfathered-in use”. A use or structure can become “legal nonconforming” due to rezoning, annexation, or revisions to the zoning code.
An example of a legal nonconforming use would be an old neighborhood shop that was established on land within a commercial zoning district that allows retail. Years later, the City initiated residential rezonings of the land. The old shop is now located in a zoning district that only allows homes; existing retail business are now legal nonconforming in regards to zoning. A new shop would not be allowed to open at its location, but the old shop is “grandfathered-in” and may continue to operate, change owners, and even expand.
Legal nonconforming businesses are a challenge for cities to identify and regulate as they do not follow current zoning rules. These businesses can be located in areas not permitted by the zoning code or have operations which exceed current city standards. Due to these unique elements, legal nonconforming businesses have complex permitting requirements. It is important for cities to be able to convey these regulations to business owners and to the general public.
Representation Challenges
In order to guide users through zoning regulations, OpenCounter’s default zoning map reflects current zoning code permissions. Areas where a use type is prohibited by the zoning code are represented in grey and cannot be selected. This map representation forces users to select a property where their desired use type will be permitted by current zoning rules.
This representation creates a conflict with legal nonconforming uses. Nonconforming uses do not follow current zoning rules and are thus located within the grey (prohibited) areas of the map. The result is that users who desire to research required permits or fees for nonconforming businesses are not able to select their desired parcel. This conflict prematurely terminates any OpenCounter scoping session for legal nonconforming businesses.
Here at OpenCounter, we work to accommodate all potential business types, including legal nonconforming. For instance, existing businesses with change of ownership are often required to obtain new permits/licenses from the City. We have developed a new mapping workflow that identifies potential legal nonconforming businesses and delivers a customized permit and fee scoping session tailored to these business types.
How it works:
When a user selects a project type, the OpenCounter map displays the current base permissions of the zoning code by default. This map view displays where a project is allowed, either by-right or conditionally, by the current zoning code (green, yellow) and where it is prohibited (grey).
On the left hand side of the map screen, questions populate based on the selected project type. These questions help further refine where specific business types may be allowed. The answers that the user provides to these questions will alter the map.
Businesses that are nonconforming already exist and may exist on properties which would be non-permitted by the current Zoning Code. To accommodate these businesses, we ask “Does this business type already exist at this location?” if the business does already exist, , the “Not Permitted” (grey) parcels of the map will fill in with a new nonconforming permission. This will allow users to bypass the current “Not Permitted” base permissions of the Zoning Code for these parcels.
If a nonconforming parcel is selected, the permit scoping pages in the Business Portal can then be tailored to this business type. Permits, fees, and regulations can be configured around legal nonconforming as needed. For example, some cities require a conditional use permit for any expansion of legal nonconforming business, as shown below.
We’re very excited to offer this functionality in our software, so that applicants can more easily navigate the permitting process even when their businesses are at odds with current zoning regulations.
To find out more about enabling this functionality in your community, please contact your account manager or email us at hello@opencounter.com
