Nonconforming Use Or Nonconforming Structure: That Is The Question

Uses and structures that do not conform to a zoning ordinance are deemed "nonconforming uses" and "nonconforming structures," respectively. Uses relate to the utilization of land (e.g. type of activity/operation), whereas structures are dimensional in nature (e.g. square footage, height, setbacks, etc.). But, what is the proper classification of a nonconforming structure that contains a conforming use? And, how does the classification affect proposed improvements?

As explained herein, the proper classification of a nonconforming structure that contains a conforming use is just that – a nonconforming structure with a conforming use. Any relief requested should be in the form of an area variance to address the dimensional nonconformity, and be subject to less onerous area variance "balancing test." The more onerous "unnecessary hardship test" for a use variance should not apply. Additionally, the public policy of the reasonable restriction and eventual elimination of