Is there a way to open a business in a residential area after a Grandfather Clause has been "broken".

Asked over 1 year ago - Eastchester, NY

I am interested in opening a business in this specific area. I was told the property had violated a Grandfather Clause because a previous owner did not keep the business place occupied for over six months. The town supposedly re zoned the property as residential and business is no longer allowed to occupy the space. Is there any way to open a business legally at this property?

Attorney answers (3)

  1. Jayson Lutzky

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Consult with a local zoning lawyer to review your deed and zoning to see if the business you want to open fits your area or if you need a zoning variance.

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  2. Steven Warren Smollens

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Dear Owner?

    Hire an attorney to review your plan for a business in a residential zone in Eastchester.

    Meanwhile become familiar with the local planning board and zoning resolution.

    http://eastchester.org/departments/planning_and...

    http://www.eastchester.org/departments/planning...

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more
  3. Michael T Millar

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . There is not way to know if a business would be permitted to operate on the property without making inquiries to the local zoning official.

    As a general zoning principal, once a grandfathered use ceases, it cannot be re-newed without a variance.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more

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