Elimination of Nonconformities: The Case of Voluntary Discontinuance

Abstract

Nonconforming use arose as an issue from the earliest zoning proposals, because for each zoning classification established in an area, uses existed which were not compatible with the purpose behind the zoning. The planning philosophy emerged that such uses were to be eliminated over time, and legislative and judicial doctrines were established to accomplish that purpose. This article examines one of those approaches, voluntary discontinuance, in light of varying legislative and judicial interpretations, in an attempt to provide a guide for attorneys and planners to determine the circumstances under which a court might find abandonment.