What is a non-conforming use?
A non-conforming use is a use that lawfully existed prior to the enactment of a zoning ordinance or subsequent amendment to the ordinance and that is maintained, although it does not comply with the use restrictions applicable to the arena in which it is located. For further information, please refer to the Village of Maywood Zoning Ordinance.
When the legislature gave municipalities the power to adopt zoning ordinances, it placed some limitations and restrictions on this power intended to protect property owners from excessive hardship. The State provides that existing uses and structures might continue to be maintained despite any provision in the zoning ordinance to which they did not conform. These are called lawful non-conforming uses or structures. Most communities have quite a number of these non-conforming uses, because it is practically impossible to avoid creating some when preparing a zoning ordinance and map in a rational fashion. Most zoning ordinances prohibit the expansion of a non-conforming use and the Michigan courts have generally approved such prohibitions against expansion of non-conforming uses, but the courts have protected property owners by allowing the original non-conforming use to continue in its operation.
A nonconforming use is a use or structure that is not allowed in a Zoning District, but existed at a time that such use or structure was permitted. Examples of such uses include apartment in single family dwellings, two dwellings on one lot, or a commercial business operating in a district zoned residential. The use may have been legally established before July 1, 1952 at which time the first zoning ordinance was enacted.
