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 (2)

  1. Michael T Millar


    Contributor Level 19


    Lawyer agrees

    Answered . 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... more
  2. Steven Warren Smollens

    Contributor Level 20

    Answered . 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:

    Newest zoning law:

    Last Prior Zoning:

    The Zoning Map:

    Good luck.

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

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