Legal Definitions - incidental use

Definition: Incidental use refers to a land use that is dependent on or affiliated with the land's primary use.

Example: A shopping mall has a primary use as a commercial space for retail stores. However, it may also have an incidental use as a parking lot for customers. The parking lot is necessary for the primary use of the mall, but it is not the main purpose of the property.

This example illustrates how the parking lot is an incidental use because it is dependent on the primary use of the shopping mall. Without the mall, the parking lot would not exist. The parking lot is not the main purpose of the property, but it is necessary for the mall to function properly.