Non-conforming use
A use lawfully continuing where today's rules forbid it
A non-conforming use is an activity a district's current rules would not permit, continuing lawfully because it predates them — the factory in a residence district, the store where zoning no longer contemplates one. The Resolution tolerates continuation under conditions while pushing toward eventual conformity: rules govern enlargement, changes to other non-conforming uses, and what happens after damage or discontinuance, where lapses can extinguish the right.
Diligence treats claimed non-conforming status skeptically and documentarily: the right rests on continuous lawful history, so the evidence is records — certificates, permits, tax and license trails — establishing the use existed lawfully before the change and never lapsed since. An asserted grandfather with no paper behind it is an assertion.
Related terms
See Non-conforming use in context on a real lot
PearlAudit resolves the governing zoning for any NYC tax lot — district, overlays, special districts — and cites the Zoning Resolution section behind every rule claim.
Definition last reviewed 2026-07-11. Educational content, not legal advice.