What Is a Nonconforming Use in New Jersey Zoning Law?
If you own property or are thinking about buying in New Jersey, you may come across the term “nonconforming use.” It sounds technical, but the concept is actually pretty straightforward.
A nonconforming use refers to a property use that was legal when it began but no longer complies with current zoning laws. In other words, the rules changed, but the property did not.
So what happens then? Can the use continue, or does it have to stop?
Why nonconforming uses exist in the first place
Zoning laws are not static. Municipalities update them over time to reflect changes in development, population, and land use priorities. When those changes happen, some existing properties no longer fit the new zoning rules.
Instead of forcing property owners to immediately stop using their land, New Jersey law generally allows these uses to continue. This protection is often referred to as a “grandfathered” use.
Under N.J. Stat. § 40:55D-68, a lawful use existing at the time of a zoning change may continue even if it no longer conforms to the new ordinance.
What rights do property owners have?
If your property qualifies as a nonconforming use, you typically have the right to continue using it in the same way. However, there are limits.
For example, property owners generally can:
- Continue the existing use without interruption
- Perform ordinary repairs and maintenance
- Resume the use if it has not been abandoned
But there are also important restrictions.
What are the limitations?
A nonconforming use is protected, but it is not unlimited. Municipalities often aim to phase out these uses over time, so they impose certain restrictions.
You may not be able to:
- Expand or intensify the use without approval
- Rebuild the structure if it is destroyed beyond a certain percentage
- Change the use to a different nonconforming purpose
- Restart the use after abandonment
This is where things can get tricky. Even small changes to a property can raise legal questions.
What counts as abandonment?
One of the biggest issues in nonconforming use cases is abandonment. If a property owner stops using the property in its nonconforming way for too long, they may lose the right to continue that use.
But how long is too long? That depends on the circumstances and local ordinances. Courts often look at intent as well as the length of time the use was discontinued.
Why should you care about this?
Nonconforming uses can affect property value, development plans, and even your ability to sell. If you are buying property, you should always ask whether the current use complies with local zoning laws.
If it does not, you will want to understand:
- Whether the use is legally protected
- What limitations apply
- Whether you can expand or modify the property
These factors can make a big difference in your long-term plans.
Get Clarity Before Making Decisions
Zoning issues are rarely one-size-fits-all. A nonconforming use that works for one property may not apply the same way to another.
If you have questions about zoning or land use, the Summit land use attorneys at Dempsey, Dempsey & Sheehan can help you better understand your rights and options. Contact us today for a consultation and to learn more.
Source:
law.justia.com/codes/new-jersey/title-40/section-40-55d-68/
