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

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


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.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

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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.

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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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 purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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