Topic
Nonconforming Uses
34 published works
Law of the Land
PA Appeals Court Reverses Decision Granting Applicant a Special Exception Regarding Expansion of a Non-Conforming Use
This post was authored by Luke Jenkins, Touro University Jacob D. Fuchsberg Law Center Appellants, individuals, commenced a proceeding against the Briar Creek Borough Zoning Hearing Board regarding a special…
Long Island Land Use and Zoning
Nonconforming Use or Nonconforming Structure: That Is the Question
Uses and structures that do not conform to a zoning ordinance are deemed "nonconforming uses" and "nonconforming structures," respectively. Uses relate to the utilization of land (e.g. type of activity/operation),…
Long Island Land Use and Zoning
Second Department Reminds: a Use Cannot Be Legally Nonconforming If It Was Never Legal to Begin With
When determining whether a use is legally nonconforming for zoning purposes, the key consideration is whether the use was legal prior to the zoning restriction prohibiting it. A use cannot…
Long Island Land Use and Zoning
Supreme Court, Suffolk County Upholds ZBA Determination Authorizing a Change In Nonconforming Use
[caption id="attachment_19978" align="alignleft" width="320"] Town of Southampton GIS[/caption] The Supreme Court, Suffolk County recently upheld a determination of the Southampton Town Zoning Board of Appeals (“ZBA”) perhaps ending a lengthy…
Long Island Land Use and Zoning
Nonconforming Uses – Don’t Abandon Them
Legal pre-existing nonconforming uses (aka grandfathered uses) have a tenuous existence in New York. Although protected by vested property rights in the Constitution, many local zoning ordinances seek to eliminate…
SCOV Law
Time Keeps On Ticking . . .
You know what this place needs?A parking lot. In re Purvis Nonconforming Use, 2019 VT 60By Andrew DelaneyBack in 2014, the City of Burlington found out that Mr. Purvis had…
California Land Use & Development Law Report
Permit Amendment Unlawfully Expanded Nonconforming Use
A municipality’s approval of a permit amendment allowing a quarry to import asphalt for recycling improperly expanded the quarry’s nonconforming use, the First District Court of Appeal ruled in Point…
Land Use Developments
Court Rules That Extending Permit for Quarry Operation Was an Impermissible Extension, Enlargement, or Intensification of a Non-Conforming Use in Violation of County Zoning Ordinance
On April 3, 2019, in a case originally filed March 6, 2019, the First District Court of Appeal certified for publication Point San Pedro Road Coalition v. County of Marin,…
Long Island Land Use and Zoning
Remediation of Petroleum Spills Amount to Continuation of Nonconforming Use
By Kyle Gruder
In Matter of HV Donuts, LLC v. Town of LaGrange Zoning Board of Appeals, the Second Department recently held that a property owner’s nonconforming use rights continue despite a temporary business…
Ahead of Schedule
Establishing a Legal Nonconforming Use
The key to a legal nonconforming use is establishing that the use was previously permitted. The Utah Court of Appeals recently reiterated this statutory requirement in LJ Mascaro v. Herriman…