Can the City grandfather (non-conforming use) only portion of a parcel of land or should it legally apply to entire parcel?

Asked almost 2 years ago - Highland, CA

Commerical piece of property that city rezoned to BP. They are grandfathering the current use however want to limit it to only a portion of the parcel. They had me submit a site approval application but excluded part of the parcel and said not grandfathered(half is half isn't). Do they have the right to exclude part of the parcel or if they grant me non-conforming use should it apply to the entire parcel? I think it should apply to the entire parcel. I just want to know if they are pushing me into it or if they actually have the right to dictate which parts can be granted the non-conforming area of one site/parcel of land.

Attorney answers (1)

  1. Shawn B Alexander

    Pro

    Contributor Level 20

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    Lawyers agree

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    Answered . I only practice in Washington, but here it is the "use of the parcel" not the parcel that is non-conforming. With part of the parcel not in use the rule may restrict expansion of the use. You should have an attorney review anything invlving your rights in real property.
    Good Luck

    Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are... more

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