What is the term for using a property in a manner inconsistent with current zoning regulations?

The term for using a property in a manner inconsistent with current zoning regulations is known as "non-conforming use." This concept arises when a property was legally established and operated in compliance with zoning laws prior to any changes in those regulations. For example, if a residential area previously allowed a small factory and later the zoning laws changed to exclusively residential use, the factory can continue to operate under non-conforming use, even though it no longer aligns with the current zoning.

This designation allows existing properties to continue their operations without being immediately shut down or forced to comply with new restrictions, acknowledging the investment made by the property owner. Non-conforming use is typically subject to specific conditions to prevent the expansion of the use, which helps mitigate potential conflicts with the surrounding zoning objectives.

In contrast, terms like zoning variance, conditional use, and special exceptions refer to different zoning concepts. A zoning variance permits deviations from specific zoning requirements under certain circumstances. Conditional use allows a property to be used in a way that is generally inconsistent with zoning regulations but is approved under specific conditions. A special exception often refers to a use that may not be outright compatible with zoning, requiring a special application process for approval. Each of these terms involves additional processes and criteria for compliance, unlike non