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Zoning Question (Real Estate & Property Law)

Fri, 29 Oct 2004 08:53:00 GMT

What is the name of your state?New York
i live next to a business in a village that we just recently found out is zoned R1, the business also has an apartment attached and they have recently expanded there parking lot to cover their entire property. we have discussed this with the code enforcement official and they claim that this business and apartment are pre-existing conditions. we know that the current owner who now runs an insurance company on the property aquired the land in 1999, our zoning laws went into effect in 1971. we know that in the late 70's there was an ice cream stand there that was out of business for several years and the property was used for a student rental for a few years. my question is does the village or the owner have any obligation to prove a that the business was pre-existing?

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  • Fri, 29 Oct 2004 09:08:00 GMT(1)
  • Your code enforcement officer is wrong. The existing business may have been 'grandfathered' in under the old ordinances, but that right does not extend once the property is sold or improved upon unless NY is unlike any other state in the union.
    I think it's time to speak with the county zoning board.
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