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  4.  » Legal Non-Conforming/Grandfathered Land Use Rights

Protecting Your Business’s Land Use Rights

Zoning laws are complicated and extremely impactful when it comes to operating a business on a particular plot of land. When the municipal authorities change the zoning for an area, it can severely limit what you can do with your property going forward.

If you are facing a zoning change for your business’s property, or if you are considering expansion, upgrades, or sale of your business property, it is critical to make sure you are in conformity with the zoning and land use regulations for the land.

At Chenoweth Law Group, we are a premier law firm handling business and real estate matters for business clients throughout Oregon, Washington, and California. From our headquarters in Portland, our lawyers offer sound counsel and litigation services to protect our clients’ land use rights and to help our clients avoid compliance problems.

Grandfathered Land Use Rights

It is not uncommon for someone to own a property that later becomes rezoned. For instance, a residential property owner’s land is later rezoned for commercial use. In the future, if the owner wants to continue using the property for the previous use or transfer the property, he or she should technically be grandfathered into the old zoning scheme.

However, most municipalities will not make it easy for you to obtain approval and the necessary permits. You may have to fight a legal battle to do what you want with your property.

Further, a grandfathered use (known as a “lawful prior nonconforming use”) will not allow you to upgrade, expand, or return to nonconforming use after you have transferred the property to the use the land is zoned to allow.

For businesses seeking to expand their use of a property (which can include increasing the amount or intensity of the previous use), they could risk losing their land use rights altogether if they are not in conformity with the zoning regulations. Talk with an experienced lawyer from CLG to make sure you are protecting your rights and your future.

Contact CLG Today

Our experienced land use and zoning lawyers can help you understand your rights and avoid potential compliance issues. Call us today at 503.446.6261 or contact us online to schedule a meeting with an attorney from our firm.

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