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Non-conforming Use

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C

citizen

Guest
The local housing authority owns property that was public housing prior to local zoning. The property has been vacant for a number of years. Now they want to sell it, as a legal non-conforming use of R-1 zoned property. Is there any recourse for the neighboring landowners, especially given the property not being in use for a number of years?
 


T

Tracey

Guest
Yes, absolutely. A non-conforming use is a use that was lawful when it started, but has since become unlawful due to a change in zoning laws. A non-conforming use is not permanent. To maintain non-conforming use status, the use must be constant. Check the zoning code for R-1 non-conforming uses. (I assume the land is zoned R-1.) See if the code says how long a non-conforming use exception continues after the use stops. Usually, 1-2 years is all it takes for the non-conforming use to expire.

Talk to the zoning board about how to get the exception vacated. If the board doesn't have any procedures, you may have to sue the housing authority to require them to disclose that the non-conforming use exception has expired. Also check to see if there are any exceptions when a public entity owns the land. If you end up in court, you'll probably want to sue in an adjacent county.

That's no guarantee you can block the land being used for multi-family dwellings -- the zoning board may grant a variance or conditional use permit to the new owner if apt blocks are already in place & can be rented without too much trouble.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited June 21, 2000).]
 

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