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What does grandfathering mean when it comes to commercial zoning?
Paris, AR
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Posted 3 months ago in Commercial
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I have a commercial building that was permittd on March of 2003 as a c-1 zone. On June 2003 the city changed the zone to a c-2 (quite commercial). I have rented the building off and on since then and now have an on premise beer permit I can't use in a c-2 zone. I was not notified of the change I also have another commercial lot in the same zone. Should I be grandfathered in as a c-1 zone?
The city also changed an ordinance that requires a new business to pave their parking lot and they have said we are not required to do this since we are grandfathered in on that ordinance. Would this be the same type of thing? Thank you - Is this your question? Add additional information Answers (1)paul.culter
Posted 2 months ago.
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Legally, you were required to be notified by law that the zoning affecting your property was changing. Notification differs by state so the proper notification may have only required a public notice in a newspaper of general circulation stating that the municipality was going to have a public hearing to rezone property. You are NOT grandfathered into the previous zoning district, you must now comply with the rules and regulations of the district you are now under should you desire to change use or, in most cases, increase the square footage of your building.
As for the paving of parking lot, you are typically grandfathered in under the regulations that governed your parking lot until you decide to do one of the following: add more spaces, reconfigure the lot or make some other improvement that would require you to conform to the new rules and regulations. Routine maintenance typically does not remove the grandfathering rule. |
