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    News and Articles on Non-Conforming Use

    Archives: Non-Conforming Use

    Wings Field allowed to build parking lot  Oct 3, 2008
    When zoning laws were passed in 1950, the property was considered a non-conforming use in a residential area ... "My opinion is that it is an expansion of a non-conforming use and the courts did not agree. I feel that any time that you add to a utilization and put down things like itinerant pads to bring in more aircraft, it creates an additional health welfare and safety issue," Stein said. (Springfield Sun, PA)

    Gun Club Issue Blazing Again In Litchfield  Oct 3, 2008
    "A lot of little things add up, like how members are invited, who runs the club, the degree of use, commercial activity versus a for profit business and neighborhood outcry," Ms. Putnam wrote in her letter in which she concludes that the White Oak Gun Club is not a non-conforming use because "the nature and purpose" of the activities on the property have changed the character and the use of the land ... "This commission fundamentally erred," said Mr. Taylor of the Aug. 4 vote that the use of the... (Litchfield County Times, CT)

    Builder gets green light for consulate structure  Oct 3, 2008
    The building will be deemed a "non-conforming use," which will limit its ability to be modified or repaired in the future, Hays said. The preliminary digital flood-insurance rate maps, released today, can be viewed at. (Nogales International, AZ)

    ZBA OKs mansion project  Sep 25, 2008
    However, lawyer Nancy McCann argued that the mansion had also been used for thousands of meetings, conferences and social events over the years, and therefore could be considered a non-conforming use. She asked that the ZBA allow the substitution of another non-conforming use, the condominiums, given that they fit in with the residential nature of the Homes for the Deaf and would not be detrimental to the neighborhood. (Danvers Herald, MA)

    Car wash granted more time  Sep 13, 2008
    There is a car wash and detailing business operating on property zoned NB on Boulevard Street; however, because it existed before the current zoning map was approved in 2005, it is allowed to operate as a non-conforming use, according to Building Official Bob Gardner. Two nearby business owners, Richard Smith and Matt Reynolds, said they had concerns about the car wash's customers potentially loitering outside the business. (Bainbridge Post Searchlight, GA)

    New Strip Club in Springfield Not the Sort of Economic Development Officials Hoped For  Sep 4, 2008
    Though such businesses are no longer legal in Springfield, the non-conforming use zoning window of two years allowed Paper Moon to resume the commercial nudity application that had been granted to owners of the Dauphine ... According to Lee District Supervisor Jeff McKay, as a non-conforming use establishment, Paper Moon cannot be enlarged, though it can be expanded to occupy any part of the area that was arranged or designed for such use ... A non-conforming use may continue, provided the use... (Chronicle Newspapers, VA)

    Board of Supervisors nix Kokopelli Springs rezone (7)  Aug 17, 2008
    The county has maintained the parcel is a legal non-conforming use and is eligible for the USDA grant. "Denying the request to rezone does not prevent Mr. Parker from going forward with the grant application," Chief Civil Deputy Attorney Britt Hanson reiterated during the discussion. (Benson San Pedro Valley News Sun, AZ)

    Auto repair business gets tentative OK from city (31)  Aug 15, 2008
    The planning commission approved a change in a non-conforming use to permit the shop based on findings that the business would have less impact on their neighborhood than the current industrial use. Marianne McDonald, who lives in Salem but owns property near the site, appealed the planning commission s decision to the council. (Albany Democrat-Herald, OR)

    Hearing set to clear up facts in zoning appeal  Aug 13, 2008
    The new zoning does not allow the repair shop, but the planning commission approved a change in a non-conforming use to permit it, based on findings that the repair shop would have less impact than the current industrial use. In its findings of fact, the planning commission said the property was currently used by a plaque-making factory and for the reloading of lumber from rail cars to trucks. (Albany Democrat-Herald, OR)

    Sennett panel dispels rumors  Aug 12, 2008
    The committee is, however, looking into the creation of special zoning districts aimed at legalizing existing non-conforming uses. The goal is to eliminate non-conforming uses by working with municipalities and the landowners to get the area redesignated, Blair said ... It takes away the non-conforming use and it takes away the friction, and it invites others to come in and make an investment, Blair said. (Auburn Citizen, NY)

    Litchfield Commission OKs Report Backing Gun Club  Aug 8, 2008
    At a meeting Monday, commissioner members voted almost unanimously to accept the 13-page Report of Investigation by Zoning Enforcement Officer Matt Speck, which states that the shooting activity on the Cropsey property is allowed and is a pre-existing, non-conforming use ... Because he claims the shooting is simply an existing non-conforming use, Mr. Grimes has said that the only appropriate venue for a challenge by neighbors is superior court, not the land-use commission ... "This report is... (Litchfield County Times, CT)

    Bonca's, Sennett inch closer to resolving zoning issues  Aug 6, 2008
    The restaurant is in an R-1 zone and was required to follow town zoning laws for a non-conforming use. Weiman sent a letter to the owners denying the C.O., listing specific building and zoning code violations. (Auburn Citizen, NY)

    Citizens voice concerns over annex. zoning  Aug 1, 2008
    Ward Four Alderwoman Shirley Estes said the businesses in that area would be grandfathered in after the zoning under the non-conforming use clause, and assured them the businesses can continue to function as businesses. Green family members expressed the concerns that if the land was passed on to heirs and they wanted to change what kind of business they wanted to conduct on the land, they might not be able to because of the zoning. (Brookhaven Daily Leader, MS)

    The Gun Club Finds Support In Litchfield  Jul 25, 2008
    Because he claims the shooting is simply an existing non-conforming use, Mr. Grimes has said that the only appropriate venue for a challenge by neighbors is superior court, not the land-use commission ... "This report is deeply flawed. It is based on the premise that this has been going on without interruption and without change since the 1960's. This is ludicrous. There was never a commercial activity at the property in the 1960s and there was never such scope and nuisance as has recently been... (Litchfield County Times, CT)

    Question and answer session leaves residents unhappy (3)  Jul 17, 2008
    Mike Deahr, former member of the county s board of adjustment, suggested that this might be an appropriate time to review the county s non-conforming use policy. However, Watkins said no decisions should be made when emotions are running high. (Muscatine Journal, IO)

    Committee denies zoning relief for retreat property  Jul 13, 2008
    Friedman approached the committee and cited Limley v. ZHB of PortVue Borough, a 1993 Pennsylvania Supreme Court case that states in order to qualify a proposed use as a pre-existing non-conforming use, the proposed use must be sufficiently similar to the pre-existing non-conforming use so as to not constitute a new or different use. In light of Food For All's proposed plan for the site, Friedman said the court case is applicable to the uses and former uses at the retreat "The Limley case... (Springfield Sun, PA)

    Without town's OK, Bonca's opens doors  Jul 13, 2008
    The business has been wrangling with the town for almost two years in a case that ended up in state Supreme Court over issues involving non-conforming use and the town's zoning laws. The Sennett Town Board essentially sued its own zoning board of appeals over a decision earlier this year that allowed the Bonca's project to progress. (Auburn Citizen, NY)

    Mattawan developer seeking annexation to village will push for public vote  Jun 17, 2008
    According to village records, there is currently a non-conforming use in the R-2 zone, which in turn, does not allow him to sell the duplex separately or as a unit because of the non-conforming use ... It was the opinion of Village Planner Karl Freed and Village President McLean that the council approve a motion permitting non-conforming use of all duplexes in the affected area and send each a letter that would "grandfather" the units to allow non-conforming use for future purposes. (Paw Paw Courier Leader, MI)

    Cochise County planners look at RV park, other issues on Wednesday  Jun 11, 2008
    Though he can continue business as usual as a legal non-conforming use, he would rather bring the property into compliance. The designation would also allow him to pursue a grant or a loan from the Rural Development Division of the USDA to replace the antiquated septic system that has resulted in problems for Parker with the Arizona Department of Environmental Quality. (Douglas Daily Dispatch, AZ)

    Rockingham to continue rezoning process  Jun 8, 2008
    As it is, Sealed Air is considered a non-conforming use in that zone. The city is also looking at rezoning an area along the north prong of Falling Creek between East Broad Avenue and Hinson Lake Dam. (Rockingham Daily Journal, NC)

    Gun Club Shift In Litchfield  Jun 6, 2008
    Because he claims the shooting is simply an existing non-conforming use, Mr. Grimes has said that the only appropriate venue for a challenge by neighbors is superior court, not the land-use commission. He has said that because the commission has no authority over zoning enforcement, it cannot hold a public meeting to investigate and hear evidence regarding the gun club. (Litchfield County Times, CT)

    Letter: Veterinarians address concerns about proposed move  May 21, 2008
    Because the site was being used as a business surrounded by residences, it was zoned as a non-conforming use within a residential district. We are simply asking for a change-of-use petition, which is a change from one business to another. (Marblehead Reporter, MA)

    Hotels or homes?  May 21, 2008
    I am the definition of a pre-existing non-conforming use, Miller said during the hearing, calling his business a safety net for the town by providing affordable housing. Advocates for the homeless were once again present at the meeting and ready to speak on behalf of the occupants of the motels. (Yarmouth Register, MA)

    Starkville P&Z approves mobile-home land designation after much debate  May 15, 2008
    As City Attorney Rodney Faver explained, the sticky mobile home issue has haunted Starkville before, in part a result of non-conforming use that s been grandfathered in to local policy ... We re talking about angels dancing on the head of a pin here, said Commissioner Jerry Emison, who warned of setting a fearsome precedent which might further legitimize essentially illegal, non-conforming use of R-1 land. (Columbus Commercial Dispatch, MS)

    Town negotiates deal on tax forgiveness  May 9, 2008
    The property is zoned as medium density residential, MDR, with a non-conforming use as a junkyard, and Cusson was denied a zone change by the Zoning Commission last year. In an April 3 letter, Cusson stated, "Having been before both planning and zoning, I believe everyone is in agreement that some type of 'transition' zone between LI (light industrial) and MDR would be best for this property." Maynard did not believe a zone change would be approved by the Zoning Commission before another town... (Pictorial Gazette, CT)

    Mayor: 'Laughing out loud, crying inside'Delle Donna maintains innocence, talks about conviction  May 4, 2008
    "I was looking for information, and since this was going from a non-conforming use as a bar to a conforming use, he told me all she needed to do was get the permits," Delle Donna said. "This got twisted in court. We have a small town. Building inspectors work four hours a day. It is not unusual for people to come to me and ask for help.". (Hoboken Reporter, NJ)

    Year-long use of cottages challenged  Apr 19, 2008
    "This is a non-conforming use," Mr. Beecher said. However, Mr. Beecher said he is confident that he would meet with Danbury attorney Larry Mix, who is representing Mr. Vacirca, before the trial date to attempt to resolve the issue without having to go to court. (Brookfield Journal, CT)

    Sennett may take its own ZBA to court  Apr 18, 2008
    ZBA member Jerry Patience had supported all denials of the appeals and voted against the three appeals accepted, while Peter Adams disagreed with the decision refuting the code enforcement officer's determination that the property had lost its non-conforming use status. These were the decisions made on March 25. (Auburn Citizen, NY)

    Gun Club: Lawyer Returning Fire  Apr 18, 2008
    "That commission refused their request for a public hearing in February, and now they're trying to do it again. The commission has no authority to hold a hearing ... it has no jurisdiction over this because the shooting activity is a valid, non-conforming use that was in place before zoning." The Cropsey family's 200-acre property, located in the rural and isolated section of Litchfield, was used by the late James "Buck" Cropsey, his wife Joyce, his children and guests for shooting activities... (Litchfield County Times, CT)

    More of this story  Apr 15, 2008
    Costa said his concern remains having ample staff to process the applications that are streaming in, especially from non-conforming use certificates for transient vacation rentals ... After the county issues the non-conforming use certificates to allow vacation rentals to operate in some non-visitor destination areas, Costa said he anticipates many complaints about illegal operations trying to continue under the radar. (Lihue Garden Island, HA)

    Seventh Street Station application filed  Apr 6, 2008
    All of the staff work and the city work would be to establish a non-conforming use, said City Manager Jon Nelson. The dilemma, and whether to continue with the zoning change, will be discussed at the Corvallis City Council meeting that begins at 7 p.m. Monday in the downtown fire station at 400 N.W. Harrison Boulevard. (Corvallis Gazette Times, OR)

    Board approves addition at Miller's Florist  Apr 3, 2008
    The Board voted unanimously Tuesday to approve a request from owner Kathy McGlothlen to alter a non-conforming use permit that will allow an addition between two existing buildings. Part of it is we have to put a new roof on the building, McGlothlen told the Board s five members. (Muscatine Journal, IO)

    Restaurant owners win half of appeals  Mar 27, 2008
    Item No. 6, the code enforcement officer's determination that the property had lost its non-conforming use status as a restaurant, was overturned because food had been sold on the premises prior to one year after the property had been purchased, even though the food was sold for only a few hours. The zoning ordinance for abandonment of non-conforming use did not describe or define the degree to which the use must continue. (Auburn Citizen, NY)

    ELMA CODE UPDATES NEARLY COMPLETED  Mar 16, 2008
    Sunday 16 March, 2008. Andrew Reilly of Wendel - Duchscherrer Architects eers PC of Amherst, the firm selected by the Town Board to help draft the new zoning ordinances, gave the report at the meeting. (East Aurora Advertiser, NY)

    'On A Roll' deli rolls in Pawcatuck  Mar 7, 2008
    On A Roll at 210 South Broad St. has the blessing of the town after getting a permit to allow a non-conforming use after it took over the space where Pawcatuck Video used to be on South Broad Street. Zoned for manufacturing, owners and partners Dawn Tosti and Don Gallant said everyone from the town hall was really supportive of their efforts. (Westerly Sun, RI)

    Coming to terms with language of zoning  Mar 6, 2008
    "You have to prove, to get non-conforming use, that you have continuously, without interruption, used this property for this use, that was a legal use before the zoning was applied," Murphy said. Describing the zoning or deputy zoning commissioner's role as having the final say on a new development plan may be too simplistic. (Catonsville Times, MD)

    Free workshops to make sense of zoning jargon  Mar 6, 2008
    And he is likely to conclude May 5 with a discussion of non-conforming use, one of the myriad development-related terms Murphy hopes to translate into simplified language ... "You have to prove, to get non-conforming use, that you have continuously, without interruption, used this property for this use, that was a legal use before the zoning was applied," Murphy said. (Arbutus Times, MD)

    Seminars on development under way  Mar 5, 2008
    And he is likely to conclude May 5 with a discussion of non-conforming use, one of the myriad development-related terms Murphy will translate into language everyone can understand. While simple to define, non-conforming use often proves difficult to prove for a particular property, Murphy said ... "You have to prove, to get non-conforming use, that you have continuously, without interruption, used this property for this use, that was a legal use before the zoning was applied," Murphy said. (Towson Jeffersonian, MD)

    Pioneer Restaurant saga continues  Feb 28, 2008
    They appealed three decisions made by Weiman: the requirement to have a site plan, approval by the ZBA for outdoor seating and a drive-up window as non-conforming use, and whether the restaurant had lost its non-conforming use status ... Chatfield said his clients, John Ryan, Gregory Rigby, and Mark Bachman, were allowed to expand their property up to 50 percent for a non-conforming use, which would include the outdoor seating as long as they didn't exceed that percent ... To retain rights to a... (Auburn Citizen, NY)

    CAFO appeal decision expected Monday  Feb 28, 2008
    Until then, it is simply considered a non-conforming use. Pat Brown, Harrison s attorney, said his client applied for a CAFO permit because he wants to raise the number of animals he maintains to historic levels. (Burley South Idaho Press, ID)

    Pioneer Restaurant property hearing continues Tuesday  Feb 26, 2008
    The dispute centers on the Pioneer Restaurant property which was renovated to include some expanded use, with the issue of non-conforming use coming into play. The hearing will be held at the Sennett Town Office Building, 6931 Cherry Street Road. (Auburn Citizen, NY)

    Letters for Wednesday, February 20, 2008  Feb 20, 2008
    Now non-conforming use certificates will grandfather hundreds of them all over the island, operated by people who violated zoning laws and perverted the concept of residential neighborhoods. Courage would have meant requiring that all such existing un-permitted buildings revert to their proper residential use, in strict adherence to the Comprehensive Zoning Ordinance. (Lihue Garden Island, HA)

    Sennett postpones public hearing on Pioneer  Jan 25, 2008
    Pioneer Restaurant owners Donald Ryan, Mark Bachman, and Gregory Rigby, of RyBach roperties, LLC, essentially maintain that they complied with the town's building code and that the code enforcement officer made three decisions not supported by town ordinances: the requirement to have a site plan, approval by the ZBA for outdoor seating and a drive-up window as non-conforming use, and whether or not the restaurant lost its non-conforming use status. For more, read The Citizen Friday. (Auburn Citizen, NY)

    Weeping Willow Purchase Eyed  Jan 24, 2008
    "I commented on its high price for the property," said Riverhead Town Supervisor Phil Cardinale, "but in the appraisal, the values were based upon the fact that it was a pre-existing, non-conforming use. Since it is a pre-existing, non-conforming use, it could be converted into a luxury hotel or even [a condo]." The process includes the demolition of the three one-story motels totaling 4,557 square feet, removing the debris and mitigating wastewater discharge, Searl said. Once that is finished,... (Suffolk Life Newspapers, NY)

    MARILLA BOARD REZONES LAND FOR FARM  Jan 19, 2008
    "The Town Board has determined that the construction of a new building is not an expansion of a non-conforming use as the entire parcel has been in agricultural use consistently prior to its rezoning to RR and is therefore 'grandfathered'.". East Aurora Advertiser 2008. (East Aurora Advertiser, NY)

    Planning and zoning impact felt by Laurie residents  Dec 15, 2007
    When Laurie adopted Pnances in May 2005 a number of homes in commercial districts were 'grandfathered' in as non-conforming use. As long as the homes remain occupied they retain that designation, but if they sit vacant for six months they are then re-established as commercial property. (Camdenton Lake Sun Leader, MO)

    Eyesore options (64)  Nov 25, 2007
    But because the company has been operating since before zoning, it s considered a non-conforming use and the local government has few options to appease frustrated neighbors. We re kind of stuck, and we have a lot of (businesses) around town that are that way, said assistant planning director Steve Hess. (Montana Standard, MT)

    Prospects unclear for developments begun under M37  Nov 24, 2007
    What they have is a non-conforming use that can t be transferred to a new owner, he said. In some counties, that means the house can t be expanded or rebuilt if it burns down. (Coos Bay-North Bend The World, OR)

    Planning Commission set to discuss thorny issues  Nov 13, 2007
    Back in July some commissioners saw this move as a removal and reinstallation of the sign, which would invalidate its grandfathered status that allows an existing non-conforming use to remain, providing it's not altered. The new proposal is to leave the whole sign as is, and not change a thing. (Columbus Commercial Dispatch, MS)

    Twin River vote Saturday  Nov 9, 2007
    Initially, the (greyhound) track was a non-conforming use, but it became conforming in '94 due to a lot of interest and money coming from corporations. " Lees maintained there is good news for those planning on voting like him. Despite the fact this is a non-binding election, "the town's comprehensive plan is enforceable by state law, courtesy of Title 45 of the Rhode Island General Laws. (Pawtucket Times, RI)

    Spring Valley adopts zoning map  Oct 23, 2007
    Properties that are currently non-conforming uses will remain non-conforming uses under the new code ... Both businesses are non-conforming use in a residential district, and that will remain the same under the new map ... Andreoni said the blocks will be zoned commercial, and since residences can t be built in a commercially zoned district, some non-conforming uses were created. (Princeton Bureau County Republican, IL)

    Starkville day care takes city to court over zoning  Oct 21, 2007
    t will create an additional room that will not extend beyond the horizontal projection of the roof, the statement continues, which goes on to refer to the enclosure as a #039;negligible' rather than substantial upgrade' of an allowed non-conforming use that does not change the purpose for which the structure is used ... The city maintains enclosing the carport will increase the square-footage of the habitable space, therefore enlarging an existing non-conforming use. (Columbus Commercial Dispatch, MS)

    Couple takes Grain Valley to court to build home  Sep 23, 2007
    " The Grain Valley Board of Aldermen was served with the lawsuit nearly two weeks ago at its regular meeting. A phone call to the city's attorney, James Cook, was not returned. City Administrator Gary Bradley declined to comment, citing legal matters. The property has been in Kendra Lee's family for four generations. She's lived in Grain Valley her entire life. However, most of the property abutting the Lee's land contains residential property, Richard said. Municipalities often allow a property... (The Examiner)

    What were they thinking?  Sep 13, 2007
    In land use terms, a park is a non-conforming use in the area. Nearby farmers have good reason to be concerned that a park in their midst will have a negative impact on their operations. (Lebanon Express, OR)

    City seeks to upgrade former gas stations  Aug 31, 2007
    Only a change of use outside of service station zoning or the inactivity of a non-conforming use for six months or longer would result in mandatory council approval for such properties ... The most recent case was one in which Guzy s Automotive was performing in some non-conforming uses, but would not have come to council if not for a desire to place a MetroPCS cellular tower on his property ... The proposals which have passed council approval have mostly agreed non-conforming uses were not... (McKinney Courier-Gazette, TX)

    Blog commentary:  Aug 18, 2007
    "It is a breath of fresh air to note that Commissioner McPhail questions the sighting of mobile homes and double-wides in the city of West Frankfort. Regardless of how these mobile homes were given permits in the past, the ordinance regarding the sighting is very clear. If the structure has a frame and has wheels attached and the wheels remain or are removed, the structure is still a mobile home by definition. The placement of a foundation under the double-wide does not make either a single-wide... (West Frankfort Daily American, IL)

    Letters for Monday, August 13, 2007  Aug 14, 2007
    The County Council is now about to declare this illegal unless it is grandfathered with a non-conforming use permit. But they are really trying to eliminate TVRs through attrition and onerous requirements. (Lihue Garden Island, HA)

    EH company sues Stafford ZBA  Aug 7, 2007
    The company also states in the lawsuit that the total area of building at 15 Middle River Road is 50,000 square feet and is located in an industrial district that "under the zoning regulations for the town of Stafford, the plaintiff's use is permitted." According to the lawsuit, the ZBA granted the company's application as a "non-conforming use" with the following restrictions: * The sale of used vehicles outside a fenced area is acceptable with a limit of five ... The non-conforming use is tied... (Journal Inquirer, CT)

    Aldermen reject rezoning for day care  Jul 26, 2007
    "The stores in the area were legal non-conforming use, and then the R-1 zoning was overlaid," said Temple. "So no, the area is not purely residential.". (Brookhaven Daily Leader, MS)

    Aldermen not in sync on paving ... German couple touring USA\'s back roads ... ';var marqueewidth="350px";var marqueeheight="20px";var marqueebgcolor="#FFFFFF";////NO NEED TO EDIT BELOW THIS LINE////////////var pauseit=1;var marqueespeed=1 //slow speed down by 1 for NSvar copyspeed=marqueespeedvar pausespeed=(pauseit==0)? copyspeed: 0var iedom=document.all||document.getElementByIdif (iedom)document.write(''+marqueecontent+'')var actualwidth=''var cross_marquee, ns_marqueefunction populate(){if (iedom){cross_marquee=document.getElementById? document.getElementById("iemarquee") : document.all.iemarqueecross_marquee.style.left=parseInt(marqueewidth)+8+"px"cross_marquee.innerHTML=marqueecontentactualwidth=document.all? temp.offsetWidth : document.getElementById("temp").offsetWidth}else if (document.layers){ns_marquee=document.ns_marquee.document.ns_marquee2ns_marquee.left=parseInt(marqueewidth)+8ns_marquee.document.write(marqueecontent)ns_marquee.document.close()actualwidth=ns_marquee.document.width}lefttime=setInterval("scrollmarquee()",20)}window.onload=populate;function scrollmarquee(){if (iedom){if (parseInt(cross_marquee.style.left)>(actualwidth*(-1)+8))cross_marquee.style.left=parseInt(cross_marquee.style.left)-copyspeed+"px"elsecross_marquee.style.left=parseInt(marqueewidth)+8+"px"}else if (document.layers){if (ns_marquee.left>(actualwidth*(-1)+8))ns_marquee.left-=copyspeedelsens_marquee.left=parseInt(marqueewidth)+8}}if (iedom||document.layers){with (document){document.write('')if (iedom){write('')write('')write('')write('')}else if (document.layers){write('')write('')write('')}document.write('')}}Wednesday, July 25, 2007 Aldermen not in sync on paving  Jul 25, 2007
    Melinda Madison, an attorney for Triad Investments, offered a more detailed legal argument against "ripping into non-conforming uses." She said this would be a violation of state legislation and of Illinois Supreme Court rulings. "The court upheld non-conforming use as a property right," Madison said. (Macomb Journal, IL)

    Crusade gets some leverage: Federal official tells group that city can't trump federal regs, giving the group some firepower in its bid to give homeless students in Morning Sun a place to call home  Jul 24, 2007
    She applied for a 12-month special use permit to remodel the house, but the Board said no, ruling the request a non-conforming use. The town code s definition of family (related by blood, marriage or adoption) resulted in a 3-0 vote against the special-use request that would have given approval to opening Crusade House. (Muscatine Journal, IO)

    Starkville mayor uses veto power to stop billboard reconfiguration  Jul 20, 2007
    The commissioners halted, saying they were uncomfortable with the sign since it reflects a non-conforming use according to the city's sign ordinance, which states billboards cannot be closer than 2,640 feet to one another. Lamar has another billboard 500 feet away. (Columbus Commercial Dispatch, MS)

    Camp vetoes fire chief promotion for second time  Jul 19, 2007
    And in another repeat of prior performances, Ramona Pollard, owner of Little Hearts Learning Center on Critz Street again petitioned the board to allow her to enclose a carport, increasing the interior space of the facility, which the city has ruled is a non-conforming use within a residential neighborhood ... Cox did not buy this ertical extension of usable area argument, saying if a building expands its livable square-footage vertically or horizontally would be a violation of the rule to not... (Columbus Commercial Dispatch, MS)

    Aldermen to begin cleaning up trash ordinances tonight  Jul 18, 2007
    The aldermen will also revisit the issue of whether or not a closed-in carport at the Little hearts Learning Center constitutes an expansion of what is a non-conforming use in a residential neighborhood ... And city building codes are explicit when they state a non-conforming use can not expand. (Columbus Commercial Dispatch, MS)

    Zoning change OK'd in DeKalb  Jul 18, 2007
    A multi-unit originally built on a lot as a non-conforming use such as a converted house with two apartments that was built on a lot originally zoned for a single-family house could be rebuilt as a multi-unit if it was destroyed in a fire, flood or other disaster, Farnum said. Fourth Ward Alderman Donna Gorski asked what the city would do if a multi-unit was found on a lot assigned for a single-family space after the new zoning was enacted. (DeKalb Daily Chronicle, IL)

    Planning and zoning commission votes to keep Highway 12 billboard in place  Jul 12, 2007
    STARKVILLE Call it a squeak of semantics, legalese, or just plain luck, but the Lamar Advertising billboard on Highway 12 where Green Oaks Plaza is moving into phase II of construction, was approved by the Starkville Planning and Zoning Commission to remain in place, despite some commissioners' belief that the sign promulgated a non-conforming use and a violation of the city's sign ordinance ... This process, in essence, removes the sign and then puts it back, say commissioners, a violation of... (Columbus Commercial Dispatch, MS)

    Commission won't rezone old building  Jul 11, 2007
    A building vacant for more than six months loses any non-conforming use status, the Columbus Planning Commission noted Monday in denying a request to commercially rezone property in the middle of a residential district. Susie D. Forte Tate asked the commission to rezone property at 1214 13th St. S. from an R-1 single-family residential district to a C-1 neighborhood commercial district. (Columbus Commercial Dispatch, MS)

    Red's petition for rezoning draws crowd  Jul 4, 2007
    Koehler explained that because the property was grandfathered in when the zoning code was first enacted, the property is operating under a non-conforming use and, therefore, cannot be expanded with the way it is presently zoned (with the exception of maintenance issues). Koehler also felt that if the zoning occurred, it could be considered spot zoning. (Chetek Alert, WI)

    Neighbors meet about annexation  Jul 4, 2007
    A pre-annexation agreement is not required to be signed for these non-conforming uses to remain with the property after annexation takes place. (Non-conforming use means the use is not approved by the current Wickenburg town code). (Wickenburg Sun, AZ)

    Zoners Approve Special Permit for Gas Station Reconstruction  Jul 3, 2007
    The gas station, built in 1962, is considered a non-conforming use according to the town's zoning regulations ... "Statutes prohibit increasing a non-conforming use," Mr. Overton said ... Mr. Wood discussed the Planning Commission's motion, which mentioned the elimination of the non-conforming use with the removal of the garage bays and adding the convenience store. (Voices, CT)

    Nelson advises SV on zoning  Jul 3, 2007
    When asked about non-conforming use properties and signs, Nelson said many of them were grandfathered in. If that use was in existence on Oct. 1, 2006, then we allowed that use to continue until there s any changes to that use or location, he said. (Princeton Bureau County Republican, IL)

    Citizens express concerns about rezoning Sixth Avenue properties  Jun 29, 2007
    " Well, I really would be interested to know why there's any need to update the zoning to better match what is apparently a non-conforming use. Would it not be more appropriate to push for a return of the properties to residential use? To be fair to the present businesses, perhaps the city should simply specify that the property should return to residential use upon sale or upon vacation of the existing businesses from these historic home. At any rate, I agree that the Mr. Beckham has been a... (Albany Democrat-Herald, OR)

    City sends 'slow down' letter to Heritage Meadows, not behind postcard  Jun 28, 2007
    Correction from last week's story: Land owned by Pete and Maureen Yorek on the city's north side was NOT rezoned: instead, it was decided to give the Yoreks a certificate of occupancy to allow non-conforming use in the current zoning classification. Contact Steve Snyder at. (Navasota Examiner, TX)

    County planning commission to hear wind farm request  Jun 26, 2007
    Also Tuesday night, the commission members will hear a request from Adrianus J. Struyk for a non-conforming use change for the former Minnesota Sheriff s Youth Programs Austin Ranch School property in Section 10, Austin Township. The petitioner has ambitious plans for the former SYP facilities, including assisted living, child day care, independent living, adult day care, hall and gymnasium rental and horse boarding. (Austin Daily Herald, MN)

    Won Buddhism proposes new building in Glenside  Jun 20, 2007
    According to Won Buddhism attorney Peter Friedman, the 3,000-square-foot temple is a legal, non-conforming use - defined as such because the former church which houses the temple is between 75 to 100 years old - predating Abington's zoning code. Friedman said the organization is permitted to expand its square footage up to 25 percent. (Springfield Sun, PA)

    County board faces increasing property tax, valuation complaints  Jun 15, 2007
    They obtained a non-conforming use home business occupation permit to open the bed and breakfast. n the 13 years of ownership, there have been sheep, cattle, goats or horses in the pasture and the tillable acres have been used for row crops for several years to establish a crop history and for the last three years in hay production. (Austin Daily Herald, MN)

    Historic house is history  Jun 15, 2007
    Hence, the reconfigured building can be considered a three-unit apartment house, continuing a non-conforming use that predated the township's zoning ordinance. Following that reasoning, the board granted a special exception to expand the use up to the 25 percent of square footage permitted by code. (Ardmore Main Line Life, PA)

    Ex-strip club in Latham goes pink; some residents see red  Jun 9, 2007
    Rosch said the strip club cannot reopen without a variance from the Zoning Board of Appeals because it has been closed more than 18 months and is a non-conforming use in the zoning code. Site plan approval is also needed from the Planning Board due to the lack of parking. (Albany Business Review, NY)

    Souderton buildings to come down soon  Jun 6, 2007
    Technically this plan is a non-conforming use but Crown earlier received approval from the Zoning Hearing Board to go forward with a retail store on the bottom floor, offices above that and luxury residential units on the top story ... The general feeling about Crown's proposal on the planning commission was that since it fits in so perfectly with the C3 goals of mixed-use commercial and residential buildings and it is literally right across the street from that zoning district, that a... (Doylestown Central Bucks Life, PA)

    More of this story  Jun 3, 2007
    Yukimura said that because all counties are identifying prime agricultural lands, single-family vacation rentals on such lands would not be eligible for non-conforming use permits. But operators of such units on state conservation lands apparently would be off the hook, because only the state government has jurisdiction over them, she said. (Lihue Garden Island, HA)

    Gas Station Looks To Ring Up New Store  May 31, 2007
    In addition, the property sits in an industrially zoned district, meaning the gas station and convenience store use is "neither allowed as a permitted use or a special use," Kozakiewicz said, adding that the application has "languished because of questions of what the zoning ought to be." Town Supervisor Phil Cardinale asked if the owner is seeking an application for the expansion of a non-conforming use, and if it is currently operating as a non-conforming use. Kozakiewicz replied that both... (Suffolk Life Newspapers, NY)

    WisDOT delivers executive summary for Chetek interchange to city council  May 23, 2007
    City clerk Carmen Newman explained that the property is also considered a non-conforming use. Because there was no conditional use for the property, a non-conforming stipulation in a residential area meant that the business could not expand. (Chetek Alert, WI)

    Couple sues for OK to rebuild cabin  May 21, 2007
    Stirba, in the response, says the county is "without sufficient information ... with respect to the allegations ... and therefore denies the same." The Tylers applied in 2006 to rebuild their cabin, but one month after the application to rebuild was submitted, the Utah County zoning administrator denied approval, saying the property's non-conforming use had expired. "If we had been aware of the one-year rule, I think that would have influenced our decision to buy the property or not," Tyler... (Deseret News)

    Letters to the Editor  May 20, 2007
    After a pre-existing aquaculture lease expires in 2012, the U.S. Park Service plans to phase out oyster farming, a non-conforming use. But the tenant, Drake's Bay Oyster Company, is waging a public-relations offensive, hoping for legal changes that would allow it to stay indefinitely. (San Francisco Chronicle)

    Prospective Car Lot Owner Unfazed By Parkside Warning  May 3, 2007
    The first step is a zoning board hearing to resolve setback and non-conforming use issues. The applicant would need to put up $1500 to cover the borough's administrative costs. (Holmes Media Town Talk News, PA)

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