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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 2


  1. Dear Property Owner:

    You made the same inquiry within the past few days.

    I doubt that the answers will change.

    You my consider a consultation with a local attorney experienced in land use and planning in Eastchester.

    You could start here:

    http://www.eastchester.org/departments/planning_and_building/zoning_law.html

    Newest zoning law:

    http://www.eastchester.org/departments/planning_and_building/docs/Zoning_Law_FINAL_Amended_03_19_13.pdf

    Last Prior Zoning:

    http://www.eastchester.org/departments/planning_and_building/docs/Zoning_Law_Last_Amended_11_05_09.pdf

    The Zoning Map:

    http://www.eastchester.org/departments/planning_and_building/ZoningMap2011_DRAFT.pdf

    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.


  2. There is no 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.