Agricultural Economics Department
Date of this Version
4-27-2005
Abstract
One of the most misunderstood concepts in zoning law is that of non-conforming uses, or “grandfathering.” Most zoning regulations exempt existing uses that would not conform to the new (or revised) zoning regulation. These uses (land uses or buildings) are called non-conforming uses because they do not conform to the new (or revised) zoning regulation. The often mistaken belief is that zoning regulations must leave non-conforming uses alone. This is incorrect: Neb.Rev.Stat. § 23-173.01 allows non-conforming uses to be terminated, continued or regulated by a county zoning regulation. As a practical matter, however, most counties will not regulate or terminate non-conforming uses; doing so would often make adoption of the proposed zoning regulation or amendment difficult if not impossible.
Comments
Published in Cornhusker Economics, 04/27/2005. Produced by the Cooperative Extension, Institute of Agriculture and Natural Resources, Department of Agricultural Economics, University of Nebraska–Lincoln.
http://www.agecon.unl.edu/Cornhuskereconomics.html