What does the term "nonconforming use" refer to?

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The term "nonconforming use" refers specifically to a use of land that does not comply with current zoning laws but has been allowed to continue because it predates the zoning regulations. This situation typically arises when a jurisdiction implements new zoning ordinances that change the allowable uses for particular areas, and an existing property use no longer aligns with these new regulations. However, if the property was established prior to the implementation of these laws, it may be "grandfathered" in, allowing the owner to continue the previous use.

This concept is crucial in land use planning and zoning as it acknowledges the rights of property owners who utilized their land in a certain manner before the regulation took effect. Grandfathering helps to prevent undue hardship or loss of investment for those who have relied on the continuation of their property uses.

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