Legal Non-Conformities

Situations often exist involving parcels of land or structures, and uses of these lands and structures which were lawful under the codes at the time of their creation; but which would now be prohibited, regulated, or restricted under the current land development codes. Legal non-conformities are typically permitted to survive until they are removed, but not encouraged to continue, allowed to be enlarged, or their negative impacts increased. If the situation was never actually permitted or allowed under the original codes, they may be deemed Illegal non-conformities and may be required to come into compliance with all applicable codes at the time of their discovery. A good example of this would be if someone converted a single family home into a multi-family dwelling without proper permits in a zoning district which does not allow multi-family uses. An innocent unknowing buyer of this illegal non-conformity could have some significant unexpected expenses required to return it to it’s legal single family home status, not to mention the loss of income from future rental of the illegal multi-family units.

Buyers Please Beware!

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