Certification of Nonconforming Use (CNU)

Some land uses and/or structures in existence do not meet current zoning regulations. These uses or structures are known as nonconforming. Uses and structures that were initially conforming but are no longer conforming under the current regulations are considered to be grandfathered and allowed to remain as long as the use has not ceased for a period longer than 180 days. In order for a nonconforming use to continue, a use and occupancy permit must be issued identifying and certifying the use as nonconforming.

Industrial Uses in the Planning AreaPre-Application Conference:  Not Required

Pre-Application Neighborhood Meeting:  Not Required

Subdivision and Development Review Committee (SDRC):  Certifications of Nonconforming Use applications may be referred to the SDRC, at the discretion of the Zoning Section Supervisor or at the request of the applicant.

Decision-Making Body: Certification of Nonconforming Uses are ruled upon by either Planning Director, Planning Board, or District Council, depending on the circumstances and complexity of the application. Consult with staff on the required reviewing bodies.

Two Dwellings Units on one (1) lot$100
Mobile Home$100
ChurchNo Fee
All Others$1,000
Revision of Site Plan for Certified Gas Stations and Fast-Food Restaurants$500

Public Notice Requirement:  Public notices for Certification of Nonconforming Use are satisfied by informational mailings to all adjoining property owners, parties of record, civic associations registered with M-NCPPC, and municipalities; and by sign postings within 10 days after acceptance of the application and accompanying documentation.

Estimated Review Time:  6 months

Nonconforming Use Types:

  • Nonconforming Fast-Food Restaurant
  • Nonconforming Gas Station
  • Certified Nonconforming Use


Fill out this application form and email the PDF along with required submission materials to DRDApplications@ppd.mncppc.org.

Important and Required Documents

Application Forms and Filing Instructions

Fee Information 

Public Notice Requirements

Relevant Development Review Bulletins

Guides and References