BOMA Anchorage President Dave Le Clair, at one of the monthly meetings, expressed broad concerns about land availability and cost, inconsistencies, the requirements for open space, the issue of nonconforming uses
, which will require improvements and repairs, the possibility of some property owners having difficulty refinancing and selling their property, and the impacts on government for increased staffing.
generally are not permitted and a nonconforming use
generally may not be
The seminal case in Florida standing for the proposition that a local government can amortize a nonconforming use
is the case of Standard Oil Co.
T]he nonconforming use
should, consistently with the property rights of the individuals affected and substantial justice, be reduced to conformity as quickly as possible.
Part I of this Note begins by analyzing the nonconforming use
The basic and crucial question which had to be decided upon in these petitions was whether running a guest house fell within the definition of nonconforming use
That constitutes an alteration of the nonconforming use
, and that's not allowed under Chapter 10 of Lane County's land-use code," he said.
Kloos had argued that noise is not regulated by the county zoning laws and therefore is not a factor in determining nonconforming use
Notwithstanding the ongoing, well-publicized violations, as well as alteration of the riparian zone - including installing a drain pipe from the pit area to the river - the county commissioners chose not only to allow the track to continue operation but to allow a doubling of the racing schedule while the Land Management Division considered an application for verification of nonconforming use
The county in 1972 zoned the land for agriculture, making the speedway a nonconforming use
Brackett, the lawyer representing the property owners, said the crux of the case comes down to the interpretation of what a "resident family" is and whether his clients' properties should be protected as pre-existing, nonconforming uses
since they operated in such a manner for several years.
A letter of advice from the attorney general points out that uses developed pursuant to Measure 37 do not fall within the statutory definition of nonconforming uses
, raising the question of whether any such use can ever "vest" and so be transferred to others.