A pre-existing situation, typically relating to land use or structures, may be exempt from current zoning regulations if it predates their enactment. For instance, a fence built slightly over the established boundary before the current regulations were put in place might be allowed to remain as is. This concept provides a legal mechanism for honoring established uses that might otherwise be non-conforming.
Such exemptions offer stability and predictability for property owners by protecting established property uses from retroactive application of new laws. This principle recognizes the potential hardship and unfairness that could arise from forcing immediate compliance with newly established rules. Historically, these types of legal provisions have played a role in managing the transition between older and newer land use regulations, facilitating community development while respecting existing investments.
