Nonconforming use

[michele drozdick]

I am in an r-2 district. An oil heating service company was here before me and the building is nonconforming. I want to operate a body shop. Both are classified c-2 and the change of use statement reads: a nonconforming use or structure shall not be changed into a use which is permitted in a less restrictive district than the district where the nonconforming use is first permitted. This paragraph is hard to understand. Is this a change of use. Will i be able to fight this or do i have to cease operation. and apply for a new business variance or permit.

[Cardinal]

Yours is a change of use. Another way to think of "use" might be "user". The heating service was one use; a body shop is a different use. Use in this case does not refer to the zoning classification. Since a body shop (c-2) is not a permitted use under your zoning (r-2), you would need to seek approval for some change. Not knowing the details, I can't tell you exactly what this would be. Perhaps it might be a conditional use. You may need to seek a zoning change.

: I am in an r-2 district. An oil heating service company was here before me and the building is nonconforming. I want to operate a body shop. Both are classified c-2 and the change of use statement reads: a nonconforming use or structure shall not be changed into a use which is permitted in a less restrictive district than the district where the nonconforming use is first permitted. This paragraph is hard to understand. Is this a change of use. Will i be able to fight this or do i have to cease operation. and apply for a new business variance or permit.

[mike gurnee]

Michael is correct in general terms. Your situation may be different depending on the circumstances. You are right that the ordinance language is confusing. That is why we occasionally need attorneys. I have seen legislation similar to yours, and it may take a court to interpret. Get some professional advice.

[Leslie]

Do you know if the business which existed prior was legally operating, or was it operating in violation of the zoning laws? That would not be at all unusual.