This white paper reviews details on both nonconforming uses and conditional uses. What is a nonconforming use or “grandfathered” use? Get the answer to this question from our author, Charles T. Riehl. He also reviews the legal parameters to regulating nonconforming uses and the importance of establishing prior legality of nonconforming use. This white paper explains the nature and extent of use required to qualify as nonconforming use, including information on the submission of the building permit application, the preliminary approval of the developer’s play and preliminary tests of the land for the proposed use. Mr. Riehl also covers the proper limitations on nonconforming uses including change or substitution of use; expansion or extension of nonconforming use; maintenance, repair or restoration; abandonment; and amortization. He wraps up the nonconforming use section with details on how to distinguish nonconforming lots and structures. In the section on conditional uses he covers how to apply and interpret the conditions on conditional uses; including a review on the granting of a conditional use permit, whether or not the appropriate administrative agency can grant a variance to the condition; as well as the types of conditions that can be placed on conditional uses.
Agenda
Faculty
Charles T. Riehl
Walter | Haverfield LLP
- Of counsel to the Cleveland law firm of Walter | Haverfield LLP
- Divides practice between private client representation for the firm’s Litigation Group and municipal representation for its Public Law Group
- Previously served as law director of the municipalities of Hudson, Shaker Heights, Cuyahoga Heights, Richfield, Gates Mills and Solon
- Dealt with a wide variety of zoning, telecommunications, employment, civil service, environmental and construction issues
- Received the highest rating with Martindale-Hubbell Law Directory
- LL.B. degree, Order of the Coif, Case Western Reserve University School of Law; B.A. degree, Colgate University
- Can be contacted at 216-781-1212 or [email protected]
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