Land use: nonconforming uses Flashcards
Existing nonconforming properties
Existing nonconforming properties are those which were allowed before a zoning change and prohibited afterwards.
Grandfathered use:
- Can be transferred; but
- Cannot be expanded or switched to another nonconforming use.
Variances
An owner of a post-ordinance nonconforming property may apply for a:
- Use variance: a right to use a property in a manner not permitted by zoning; or
- Area variance: a right to develop a property—e.g., by building a fence—in a way that would otherwise not be allowed.
Variances: standard
An applicant for a variance must meet all of the following requirements:
An applicant must meet all of the requirements:
(1) The zoning ordinance must cause unnecessary hardship;
(2) The hardship must arise from circumstances unique to the property;
(3) The owner must not have created the hardship;
(4) The variance sought must be in keeping with the overall purpose of the ordinance; and
(5) The variance must not cause substantial harm to the general welfare.
Existing nonconforming properties: abandonment
A property owner may abandon the right to use property in a manner that does not conform to the zoning ordinance:
- Some states recognize that abandonment may be deemed to occur via the passage of time;
- Most states require that the property owner evidence an intent to abandon the nonconforming use.
Existing nonconforming properties: registration
A zoning authority may require a property owner who has a qualifying nonconforming use to register that use with the authority.
Failure to do so can result in the loss of the right to the nonconforming use.
Special use exemption
Although special use exemption may sometimes be sought as an alternative to a variance, a special use exemption requires the enumeration of the special use in the zoning ordinance as a use that can be permitted in a zone if a permit is obtained.
