"Grandfathered" Uses: What Can Stay, Expand, Rebuild, or Change
When nonconforming uses, lots, and structures can continue, and when they can’t.
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What Kind of "Grandfathered" Is It?
1. Nonconforming use (the activity is no longer allowed) → watch abandonment and expansion limits.
2. Nonconforming lot (the parcel is undersized) → may still be buildable, often with conditions.
3. Nonconforming structure (setbacks/height don’t match today) → additions can be limited and may trigger extra approvals.
1. Nonconforming use (the activity is no longer allowed) → watch abandonment and expansion limits.
2. Nonconforming lot (the parcel is undersized) → may still be buildable, often with conditions.
3. Nonconforming structure (setbacks/height don’t match today) → additions can be limited and may trigger extra approvals.
If you’ve heard someone say a property is “grandfathered,” what they usually mean is: It was legal when it started, but today it doesn’t meet the current rules.
Durham’s Unified Development Ordinance calls those situations nonconformities. And the key takeaway is this:
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