Legal Non Conforming Use Real Estate

If the non-conforming use is interrupted or the structure is abandoned for a period of time, the property loses its non-conforming status. It would then be illegal to use the structure for its former purposes. While allowing the expansion and conversion of non-compliant buildings, granting exemptions to allow for the expansion of non-compliant uses, and issuing building permits to enhance non-compliant uses do not advance the policy of abandoning non-compliant uses, they do provide the municipality with the flexibility to meet the needs of non-compliant landowners while mitigating and protecting the Community. The committee may authorise the extension or extension of a building or structure where the use of the building or structure is a lawful non-compliant use. To be approved, the expansion or expansion must not extend beyond the boundaries of the land, the building or structure must be an existing building or structure, and the applicant must own the land. Even if all these requirements are met, the Committee cannot approve the application, as it will also take into account the impact of an extension or extension on the surrounding neighbourhood and the public interest. Non-compliant use occurs when a zoning provision is adopted or amended to prohibit a particular use that legally existed prior to the enactment or amendment. Non-compliant land uses are not defined by New York State laws, but are defined in most local zoning codes. For example, a typical local ordinance might read as follows: “A non-compliant use is any use, whether building or land, or both, that exists at the time of the effective date of this chapter and that does not comply with the by-laws of use of the county in which it is located.” Non-compliant use issues arise during the initial adoption of the zoning code.

For example, if a district is designated as a residential area, all existing non-residential uses in that district will not be compliant. Subsequent amendments to the zoning ordinance may have the same effect. The building remained empty for seven months when the seizure process took place. Eventually, Maria, a real estate investor, acquired it at auction. Maria spent three months and $50,000 renovating the Fourplex to attract new tenants. Therefore, the remedies and legal consequences for non-compliant use of standard deviation corrective actions may differ, as non-compliant use generally consists of existing structures rather than new structures that need to be established. If there is no conflict with the non-conforming use, the government may allow the landowner to proceed with the non-compliant use of the land. If there is a conflict, it can lead to various corrective actions, such as: To prevent non-compliant uses from becoming damaged properties, zoning codes generally allow for routine maintenance and repair, provided these activities do not constitute an extension or expansion. Another local practice that affects the continuation of non-compliant uses is the building inspector`s interpretation of the types of improvements that are prohibited by the wording of the local zoning by-law. Generally, the regulation allows for the repair and maintenance of non-compliant uses or improvements that do not expand or extend the non-compliant use. Some home inspectors have a broad view of what repair and maintenance is and have a limited view of what constitutes an extension or extension of non-compliant use.

By granting building permits to improve non-compliant uses, the building inspector indirectly promotes their maintenance. Occasionally, courts may decide that changes from one use to another are permitted in the same category of use. In one case, for example, the owner was allowed to open a warehouse store in a building that had been used as a nursery and flower shop. Decisions in these cases will depend on the particular facts, the court`s interpretation of the extent of the change, and the specific wording of the local ordinance that regulates changes in non-conforming uses. The resumption of a non-conforming use or structure after its destruction may be prohibited in some States. In other states, there is the right to reinstate non-compliant use. Zoning orders have traditionally set a specific threshold – for example, a percentage of the estimated value – to define what constitutes destruction, and courts generally move to the specified threshold. Again, the principle is that landowners can continue to reap the benefits of investing in their properties. However, if these investments have been destroyed, the municipality may be required to allow a property owner to invest in a use prohibited by current zoning. 1. If the ordinary law of harassment allows neighbouring owners to prohibit the continuation of improper use. For example, a gravel pit, car wreck or dump harmful to children in a developing residential area could be ordered as part of a private anti-harassment action.

Similarly, a zoning order may require by law that such improper use be stopped in an appropriate case. If a depreciation provision is challenged, the municipality can prove that the owner`s participation is low due to its vulnerability to a harassment suit.