Alterations may be permitted to reasonably continue the use.
Technical elements of a nonconforming use starts with lawful establishment, which needs to be consistent with zoning regulations at time of establishment. Not unlawful is compliance with zoning regulations; building codes and other laws. The burden of proof is on the proponent of nonconforming use. The level of use is a much trickier measurement. This video reviews ways to prove up a nonconforming use, as well as alterations and expansions.
Garrett H. Stephenson
Schwabe, Williamson & Wyatt
- Of Counsel with Schwabe, Williamson & Wyatt
- Member of the real estate and land use practice groups
- Has significant experience in negotiations with local governments related to permit exactions, required public improvements, and eminent domain
- Represents private and public clients in a variety of land use and municipal law matters, including complex land use entitlements, regulatory due diligence, and local and state-level appeals
- Past city planner and land use planning consultant
- J.D. degree, cum laude, Lewis and Clark Law School; B.A. degree, magna cum laude, Willamette University
- Can be contacted at 503-796-2893 or [email protected]
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