Nonconforming Use in Philadelphia Zoning
When an older, once-legal use can continue even though today's code bans it.
What is a nonconforming use?
A nonconforming use — often called a "grandfathered" use — is a use of property that was legal when it started but no longer complies with the current zoning code. The law generally lets such a use continue even after the rules change, because it would be unfair to shut down a lawfully established business overnight.
How nonconforming rights work
The protection is real but limited. A nonconforming use can usually continue and be maintained, but expanding it, changing it to a different use, or reviving it after it has been abandoned can forfeit the protection. The exact limits are frequently litigated.
Why it matters to owners and buyers
If you rely on a nonconforming use — or are buying a property that depends on one — you need to confirm the right is valid and has not lapsed, because a lost nonconforming status can require a hard-to-win use variance. Documenting continuous use is key.
How Nochumson P.C. helps
Nochumson P.C. establishes, defends, and litigates nonconforming-use rights for owners and developers. Contact us to protect a nonconforming use.
Related articles:
- How to Get a Zoning Variance in Philadelphia
- Use Variance vs. Dimensional Variance in Philadelphia
- Philadelphia Zoning Classifications Explained (RSA-5, CMX-2 & more)
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