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Nonconforming Uses

34 published works

  1. Law of the Land

    PA Appeals Court Reverses Decision Granting Applicant a Special Exception Regarding Expansion of a Non-Conforming Use

    By Patricia Salkin

    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…

  2. Long Island Land Use and Zoning

    Nonconforming Use or Nonconforming Structure: That Is the Question

    By John C. Stellakis

    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),…

  3. Long Island Land Use and Zoning

    Second Department Reminds: a Use Cannot Be Legally Nonconforming If It Was Never Legal to Begin With

    By Farrell Fritz P.C.

    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…

  4. Long Island Land Use and Zoning

    Supreme Court, Suffolk County Upholds ZBA Determination Authorizing a Change In Nonconforming Use

    By Farrell Fritz P.C.

    [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…

  5. Long Island Land Use and Zoning

    Nonconforming Uses – Don’t Abandon Them

    By John C. Armentano

    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…

  6. SCOV Law

    Time Keeps On Ticking . . .

    By Andrew Delaney

    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…

  7. California Land Use & Development Law Report

    Permit Amendment Unlawfully Expanded Nonconforming Use

    By Rachael Rutkowski

    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…

  8. 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

    By Bryan W. Wenter, AICP

    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,…

  9. 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…

  10. Ahead of Schedule

    Establishing a Legal Nonconforming Use

    By Melanie Clark

    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…