What is the definition or uses of commercial zoning in cumberland township in pennsylvania4/20/2024 Again, the principle is to allow landowners to continue to reap the benefits of investments made in their properties. Zoning ordinances traditionally have set a specific threshold– for example, a percentage of assessed value - for defining what constitutes destruction, and courts generally defer to the stated threshold. In other states the right to reestablish the nonconforming use exists. Resumption of a nonconforming use or structure after it has been destroyed may be prohibited in some states. Rather than require the immediate elimination of these preexisting uses, the zoning ordinance will outline a set of conditions for the continued existence of nonconforming uses.Īlthough state courts apply different interpretations to local zoning codes regarding nonconforming uses, the expansion, enlargement or intensification of a nonconforming use in almost all cases can be regulated or prohibited. At the same time, landowners have made investments in their businesses and buildings, and it would be unfair - not to mention illegal in some states - to require immediate termination or removal. The ultimate goal of zoning is to achieve uniformity of property uses within each zoning district. Preexisting land uses that do not conform to current zoning are not favored. The term “nonconforming use” actually covers several situations, including nonconforming uses, lots and structures. A nonconforming use is generally defined as a land use or structure that was legal when established but does not conform to the standards of the current zoning ordinance.
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