What happens when the status of a use changes?

[mendelman]

Here is a theoretical situation for everyone to comment on: Say your municipality allows use variances.

Said use in X zoning district requires a use variance at the time it is reviewed. It is approved. 10 years later the zoning code is amended to permit said use as a special use within X zoning district.

What's is the zoning status of the use which was granted a use variance 10 years earlier?

Alternately, a use is a special use in X zoning district, but 10 years later is becomes a prohibited use (requires use variance).

What is the zoning status of said use after it becomes a prohibited use?

Let's hear from the throbbing brain: What do you think or know you would do in these situations?

[TexanOkie]

If the use is permitted (or was permitted at the time it began, whether through an approved variance or a use permitted by right or special permit) I would let the use continue so long as they do not increase their now-non-conformity.

[boiker]

Originally posted by mendelman

Said use in X zoning district requires a use variance at the time it is reviewed. It is approved. 10 years later the zoning code is amended to permit said use as a special use within X zoning district.

What's is the zoning status of the use which was granted a use variance 10 years earlier?

Legal non-conforming as the variance still allows a use not normally permitted at the time of issuance. Any expansion will require the aquisition of a Special Use Permit.

Alternately, a use is a special use in X zoning district, but 10 years later is becomes a prohibited use (requires use variance).

What is the zoning status of said use after it becomes a prohibited use?

Again, Legal non-conforming and cannot be expanded or modified in intensity without aquisition of the use-variance.

In both situations, the use rights should carry with the property through uninterrupted use. A good code defines a practical and realistic timeframe to determine what constitutes uninterrupted. I've seen variances and conditional uses issued to the use and not the property and disagree with this application.

[Bim]

Sounds like a good and correct example of an oft abused term - "grandfathered."