In a prior blog post, we discussed the application of grandfathering, or “nonconformity”, provisions to existing uses of property that are subsequently banned by the local government. Nonconformity provisions essentially allow the current use to continue indefinitely on the property, even though it does not conform to the new code requirements.
However, expanding nonconforming uses can be problematic. For … Read the rest
Landowners in New Hampshire have protections against local governments retroactively banning their lawfully existing use of property. These legal, non-conforming uses are considered “grandfathered”. They generally are allowed to continue indefinitely despite not conforming to newly enacted zoning requirements.
In the zoning and land use context, grandfathered uses are those that existed prior to a change in zoning. Most local … Read the rest