A pre-existing construction or land use that conforms to laws on the time of its institution, however doesn’t meet present zoning necessities, is usually thought of exempt from newer, extra restrictive guidelines. For instance, a small bakery working in a residential zone earlier than the world was rezoned completely for residential use could also be permitted to proceed its operations. This kind of exemption is usually granted to keep away from undue hardship on property homeowners and to acknowledge established property rights.
Such exemptions present stability and predictability for property homeowners by safeguarding investments made in good religion reliance on prior laws. They stop abrupt and doubtlessly financially devastating modifications in land use. This authorized precept additionally acknowledges the evolving nature of city planning and acknowledges the impracticality of forcing rapid conformity with each new regulation. Traditionally, this idea has performed an important position in managing the strain between neighborhood improvement targets and particular person property rights.
Understanding the nuances of those exemptions is important for property homeowners, builders, and policymakers alike. The next sections will discover the precise standards for qualification, the constraints of those exemptions, and potential authorized challenges related to them.
1. Pre-existing use
Pre-existing use types the cornerstone of authorized nonconformity in zoning. It establishes the lawful operation of a property or land use that predates present zoning laws. This idea is central to understanding how properties may be “grandfathered” into zoning ordinances, permitting them to proceed operations even when they now not conform to present guidelines.
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Institution of the Use
A pre-existing use will need to have been legally established earlier than the enactment or modification of the zoning ordinance that now prohibits it. Proof of permits, licenses, or historic information can show the legality and timeframe of the established use. An important issue is the continual operation of the use since its institution, although non permanent interruptions could also be permissible relying on native laws.
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Nature and Scope of the Use
The exact nature and scope of the pre-existing use are crucial. This defines the extent of the authorized nonconformity. For instance, a pre-existing restaurant can’t robotically develop its seating capability or add a drive-through if these modifications at the moment are prohibited below present zoning. Any modifications should stay in line with the unique, established use.
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Influence of Modifications in Possession
Modifications in property possession typically don’t have an effect on a pre-existing use. The nonconforming standing is connected to the property itself, not the proprietor. Nonetheless, vital alterations to the character or depth of the use, even below new possession, might jeopardize the nonconforming standing.
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Cessation of Use
If a pre-existing use is discontinued for a major interval, as outlined by native ordinances, the nonconforming standing could also be misplaced. This may happen by voluntary abandonment or enforced cessation resulting from violations. Resuming the use after such a interval would require compliance with present zoning laws.
These aspects of pre-existing use illustrate the advanced interaction between property rights, neighborhood improvement targets, and the evolution of zoning laws. A transparent understanding of those parts is essential for navigating the authorized panorama of nonconforming makes use of and making certain compliance with native ordinances.
2. Authorized Nonconforming
Authorized nonconformity represents the core precept underlying how “grandfathered” properties work together with zoning laws. It acknowledges a property’s lawful existence and operation previous to present zoning restrictions, thereby granting it a protected standing. Understanding authorized nonconformity is important for navigating the complexities of land use and improvement when current properties don’t align with fashionable zoning necessities.
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Established Use Rights
Authorized nonconformity protects the established use rights of a property. This implies the precise exercise carried out on the property earlier than the zoning change is permitted to proceed. For instance, a producing plant working in a newly designated residential zone can usually preserve its operations. This safety, nonetheless, doesn’t prolong to increasing the pre-existing use or introducing new, nonconforming actions.
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Limitations on Enlargement or Change
Whereas authorized nonconformity safeguards current makes use of, it usually restricts growth or modifications to the property that will additional deviate from present zoning. A small grocery retailer working legally in a residential zone is likely to be prohibited from increasing its footprint or including a fuel station. Such limitations are designed to stop the intensification of nonconforming makes use of and to encourage eventual conformity with present zoning.
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Transferability of Nonconforming Standing
The authorized nonconforming standing is usually connected to the property, not the proprietor. Because of this if the property is bought, the brand new proprietor inherits the best to proceed the pre-existing nonconforming use. This transferability supplies stability and worth to properties with grandfathered standing.
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Termination of Authorized Nonconformity
Authorized nonconformity may be terminated below sure circumstances. These usually embrace voluntary abandonment of the nonconforming use, destruction of the property, or a major change within the nature of the use. Native ordinances may embrace provisions for amortization, which permits nonconforming makes use of to proceed for a specified interval earlier than requiring eventual compliance with present zoning.
These aspects of authorized nonconformity show the stability struck between defending current property rights and selling orderly neighborhood improvement by zoning laws. Cautious consideration of those rules is essential for property homeowners, builders, and municipalities when coping with properties that predate present zoning ordinances. Understanding these rules helps guarantee each the preservation of vested rights and the efficient implementation of contemporary land use planning.
3. Continued Operation
Continued operation is a crucial part of authorized nonconformity, permitting properties predating present zoning laws to take care of current makes use of. This precept acknowledges established property rights and prevents undue hardship on homeowners who invested of their properties below prior zoning guidelines. Understanding the nuances of continued operation is important for navigating the complexities of grandfathered properties.
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Uninterrupted Exercise
Continued operation necessitates demonstrating constant, uninterrupted exercise of the pre-existing use. Momentary cessations resulting from occasions like seasonal closures or repairs are typically permissible, however prolonged durations of inactivity can jeopardize nonconforming standing. For instance, a seasonal campground remaining closed for a number of consecutive years may lose its grandfathered standing, whereas a restaurant briefly closing for renovations would probably retain it. Native ordinances outline acceptable interruption durations.
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Nature and Scope Preservation
Sustaining continued operation requires preserving the unique nature and scope of the pre-existing use. A bookstore working below grandfathered standing in a residential zone can’t develop into a restaurant or start internet hosting occasions with out jeopardizing its nonconforming standing. Alterations that intensify the use or introduce new actions not beforehand a part of the established operation can set off enforcement of present zoning laws.
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Influence of Possession Modifications
Modifications in property possession usually don’t have an effect on the continued operation provision. The nonconforming standing is tied to the property, not the proprietor. A brand new proprietor inherits the best to proceed the pre-existing use, so long as it aligns with the established nature and scope. Nonetheless, a brand new proprietor considerably altering the use may lose the grandfathered safety.
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Compliance with Laws Different Than Zoning
Whereas continued operation permits exemption from sure zoning necessities, it doesn’t exempt the property from different relevant laws. A grandfathered industrial facility in a residential zone should nonetheless adjust to environmental laws, constructing codes, and hearth security requirements. Continued operation doesn’t present a blanket exemption from all authorized necessities, however particularly addresses conformity with zoning ordinances.
Continued operation, a cornerstone of authorized nonconformity, ensures a stability between respecting vested property rights and upholding present zoning targets. This precept permits pre-existing makes use of to persist whereas limiting their growth or intensification. Understanding the necessities for sustaining continued operation is significant for property homeowners and native authorities coping with grandfathered properties, fostering a predictable and equitable software of zoning legal guidelines.
4. Restricted Enlargement
Restricted growth inside the context of grandfathered property and zoning legal guidelines refers back to the constraints positioned on the expansion or modification of pre-existing, non-conforming makes use of. Whereas these makes use of are typically shielded from new zoning laws, their skill to develop or alter their operations is usually restricted. This delicate stability goals to protect vested property rights whereas additionally managing the impression of non-conforming makes use of on surrounding areas and selling eventual conformity with present zoning targets. Understanding these limitations is essential for property homeowners and municipalities alike.
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Bodily Enlargement Constraints
Bodily growth constraints usually restrict the footprint or constructing dimension of a grandfathered property. A non-conforming auto restore store is likely to be prohibited from increasing its storage or including new buildings. These restrictions stop the intensification of non-conforming makes use of inside a neighborhood. Calculating permissible growth typically includes contemplating the prevailing construction’s dimension relative to the lot dimension and evaluating it to allowable building-to-land ratios below present zoning.
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Depth of Use Limitations
Depth of use limitations regulate the size or magnitude of operations inside a grandfathered property. A grandfathered restaurant is likely to be restricted from growing seating capability or extending working hours. This prevents elevated site visitors, noise, or different impacts that might battle with present zoning targets for the world. Figuring out permissible depth of use typically includes assessing components resembling buyer quantity, site visitors technology, and noise ranges.
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Alterations and Modifications
Restrictions on alterations and modifications govern modifications to the bodily construction or the character of operations inside a grandfathered property. A grandfathered manufacturing facility is likely to be prohibited from putting in new gear that will increase emissions or noise. Such restrictions be sure that modifications don’t exacerbate the non-conformity or negatively impression the encircling space. Allowable alterations are usually these that don’t intensify the prevailing non-conforming use or additional deviate from present zoning laws.
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Accent Use Restrictions
Accent use restrictions pertain to secondary actions that assist the first, non-conforming use. A grandfathered retail retailer working in a residential zone is likely to be prohibited from including a storage warehouse on the identical property. These restrictions assist stop the growth of non-conforming actions past their unique scope. Permissible accent makes use of are typically these which can be customary and incidental to the first non-conforming use and don’t intensify its non-conforming nature.
These limitations on growth underscore the inherent stress between defending vested property rights and selling harmonious neighborhood improvement by zoning laws. Rigorously balancing these competing pursuits is important for making certain equitable software of zoning legal guidelines whereas minimizing disruptions to current companies and property homeowners. Understanding these limitations permits for knowledgeable decision-making concerning potential modifications to grandfathered properties, facilitating compliance with zoning ordinances whereas maximizing the permissible use of the property.
5. Substantial Change Prohibited
Substantial change is a crucial idea within the framework of grandfathered property and zoning legal guidelines. It defines the brink past which modifications to a non-conforming use can set off the lack of its grandfathered standing. This precept prevents the intensification or growth of non-conforming makes use of past their established scope, selling gradual conformity with present zoning laws whereas respecting vested property rights.
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Change in Use Sort
A big shift in the kind of exercise carried out on a grandfathered property constitutes a considerable change. Changing a grandfathered auto restore store right into a restaurant, for instance, would probably be thought of a considerable change, triggering the applying of present zoning laws. This prevents non-conforming makes use of from evolving into completely totally different actions that additional deviate from the meant use designated by present zoning.
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Enlargement of Bodily Footprint
Rising the bodily footprint of a non-conforming construction past a sure threshold can represent a considerable change. Increasing a grandfathered retail retailer by including a major addition, as an example, may set off present zoning laws, significantly if building-to-land ratios are exceeded. This limitation prevents the creeping growth of non-conforming makes use of and encourages compatibility with surrounding land makes use of.
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Intensification of Operations
A considerable enhance within the depth of operations inside a grandfathered property can set off the lack of its protected standing. For instance, a grandfathered manufacturing facility considerably growing its manufacturing output, resulting in elevated noise and site visitors, might be deemed a considerable change. This safeguards surrounding properties from elevated destructive externalities related to the non-conforming use.
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Introduction of New Non-Conforming Actions
Introducing new actions which can be themselves non-conforming below present zoning laws represents a considerable change. A grandfathered service station including a comfort retailer, for instance, introduces a brand new retail part that will not be permitted below present zoning, doubtlessly jeopardizing the grandfathered standing of your complete operation. This precept prevents the compounding of non-conforming makes use of on a single property.
The prohibition in opposition to substantial change reinforces the stability inherent in grandfathered property and zoning legal guidelines. It permits the continuation of pre-existing makes use of whereas stopping their undue growth or intensification. This framework safeguards vested property rights whereas selling the orderly evolution of land use patterns in accordance with neighborhood improvement targets. Recognizing the nuances of considerable change is important for property homeowners, builders, and municipalities navigating the complexities of non-conforming makes use of and making certain the equitable software of zoning ordinances.
6. Vested Rights Safety
Vested rights safety performs an important position within the context of grandfathered property and zoning legal guidelines. It represents a authorized doctrine that protects property homeowners from retroactive software of latest zoning laws that will in any other case impair investments made in good religion reliance on prior zoning approvals. This safety supplies stability and predictability for property homeowners, fostering financial improvement whereas acknowledging the evolving nature of land use laws.
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Substantial Reliance
Vested rights usually come up when a property proprietor demonstrates substantial reliance on current zoning laws in making vital investments or expenditures. This might embrace acquiring constructing permits, buying supplies, or commencing building based mostly on authorized plans. For instance, a developer who invests closely in website preparation based mostly on legitimate permits might have vested rights to finish the undertaking even when zoning laws subsequently change to ban the meant use. The extent of reliance needed to determine vested rights varies relying on the precise jurisdiction and circumstances.
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Good Religion Actions
Establishing vested rights requires demonstrating good religion actions on the a part of the property proprietor. This implies appearing in a lawful and clear method in pursuing the event undertaking or land use. Makes an attempt to bypass zoning laws or exploit loopholes can undermine a declare of excellent religion and jeopardize vested rights safety. For example, a property proprietor who knowingly begins building with out acquiring needed permits would probably not be afforded vested rights safety if zoning laws change throughout the undertaking.
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Governmental Actions
Governmental actions, resembling issuing permits or approving improvement plans, typically play a pivotal position in establishing vested rights. These actions symbolize an official acknowledgment of the proposed land use and contribute to the property proprietor’s cheap expectation of with the ability to proceed with the undertaking. Nonetheless, mere casual assurances or non-binding statements from authorities officers usually don’t create vested rights. A transparent, official act of approval is usually required.
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Limitations on Vested Rights
Whereas vested rights provide vital safety, they don’t seem to be absolute. They usually shield the precise improvement or land use as authorized below prior zoning laws. Subsequent modifications or expansions past the scope of the unique approval may not be protected and might be topic to present zoning restrictions. Moreover, vested rights don’t exempt properties from different relevant laws, resembling constructing codes or environmental laws.
Vested rights safety supplies an important safeguard for property homeowners, making certain that investments made in good religion reliance on current zoning laws usually are not unduly jeopardized by subsequent modifications in these laws. This precept fosters a steady and predictable improvement setting whereas acknowledging the dynamic nature of land use planning and neighborhood improvement targets. Understanding the nuances of vested rights safety is important for property homeowners, builders, and municipalities navigating the evolving panorama of zoning legal guidelines.
7. Amortization Risk
Amortization introduces a time-limited exception to the non-conforming standing of grandfathered properties. It permits these properties to proceed their pre-existing, non-conforming use for a specified interval, after which they need to conform to present zoning laws. This mechanism balances the safety of vested property rights with the neighborhood’s curiosity in attaining complete zoning compliance over time. Understanding amortization provisions is essential for property homeowners and municipalities coping with non-conforming makes use of.
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Rationale for Amortization
Amortization goals to regularly eradicate non-conforming makes use of with out imposing undue hardship on property homeowners. It acknowledges the inherent stress between vested rights and evolving neighborhood improvement targets. By offering an outlined timeframe for compliance, amortization permits property homeowners to recoup investments and plan for future changes whereas permitting municipalities to progressively implement complete zoning plans. This method avoids abrupt disruptions to current companies and promotes orderly land use transitions.
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Figuring out Amortization Durations
Establishing applicable amortization durations requires cautious consideration of assorted components. These embrace the character of the non-conforming use, the funding made by the property proprietor, the remaining helpful lifetime of current constructions, and the impression of the non-conforming use on the encircling space. For instance, a small, non-conforming retail retailer is likely to be granted a shorter amortization interval than a big industrial facility with substantial capital funding. Native ordinances typically present tips or standards for figuring out cheap amortization durations.
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Authorized Challenges and Issues
Amortization provisions can face authorized challenges, significantly when property homeowners argue that the designated amortization interval is inadequate to recoup their investments or that the compelled compliance constitutes an unconstitutional taking of property. Courts typically scrutinize the reasonableness of amortization durations and the precise circumstances of every case. Municipalities should fastidiously craft amortization provisions and guarantee they’re utilized pretty and equitably to keep away from authorized challenges. Clear and well-defined standards for figuring out amortization durations are important to minimizing disputes.
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Influence on Property Values and Transactions
Amortization can considerably impression property values and transactions. Properties topic to amortization schedules might expertise decreased market worth as a result of restricted timeframe for his or her non-conforming use. Consumers and lenders should fastidiously contemplate the implications of amortization provisions when evaluating properties with non-conforming makes use of. Disclosure of amortization schedules is essential in actual property transactions to make sure knowledgeable decision-making by all events concerned.
Amortization, as a part of grandfathered property and zoning legal guidelines, affords a structured method to resolving non-conformities over time. Whereas it may possibly current challenges for property homeowners, it serves as a priceless device for municipalities searching for to realize complete zoning compliance and promote orderly neighborhood improvement. Understanding the complexities of amortization provisions is essential for all stakeholders concerned in land use planning and improvement.
Regularly Requested Questions on Non-Conforming Makes use of
This part addresses frequent questions concerning properties and land makes use of that predate present zoning laws.
Query 1: How does one decide if a property has a legally non-conforming use?
Figuring out authorized non-conformity requires analyzing historic information, together with previous zoning ordinances, constructing permits, and land use documentation. Proof should show the use existed lawfully previous to the present zoning laws and has continued with out vital interruption. Consulting with authorized counsel specializing in land use is advisable.
Query 2: What occurs to a non-conforming use if the property is bought?
The non-conforming standing usually transfers with the property. The brand new proprietor inherits the best to proceed the pre-existing use below the identical circumstances because the earlier proprietor. Nonetheless, any substantial modifications to the use by the brand new proprietor may set off the applying of present zoning laws.
Query 3: Are there limitations on renovations or repairs to a non-conforming property?
Routine repairs and upkeep are typically permitted. Nonetheless, vital renovations or expansions that intensify the non-conforming use or alter its elementary nature could also be prohibited. Native zoning ordinances typically specify limitations on alterations to non-conforming constructions.
Query 4: Can a non-conforming use ever be eradicated?
Sure. Non-conforming standing may be misplaced by voluntary abandonment, destruction of the property, or substantial modifications to the use. Native ordinances may embrace provisions for amortization, which permits non-conforming makes use of to proceed for a specified interval earlier than requiring compliance with present zoning.
Query 5: What recourse does a property proprietor have in the event that they consider a zoning ordinance unfairly impacts their non-conforming use?
Property homeowners can attraction zoning choices to native zoning boards or pursue authorized motion. Authorized challenges may contain arguments based mostly on vested rights, unreasonable software of zoning laws, or unconstitutional taking of property. Consulting with authorized counsel specializing in land use and zoning is advisable.
Query 6: How can a property proprietor acquire clarification on particular laws associated to their non-conforming use?
Consulting with the native zoning enforcement workplace or planning division is advisable. These companies can present particular steerage on native ordinances and their software to particular person properties. Skilled authorized counsel may also present knowledgeable interpretation of zoning laws.
Understanding the complexities of non-conforming makes use of is essential for property homeowners, builders, and municipalities. Cautious consideration of those incessantly requested questions supplies a place to begin for navigating the intricacies of grandfathered properties and zoning laws.
For additional info, please seek the advice of the assets supplied beneath or contact your native zoning authorities.
Navigating Non-Conforming Use Laws
Efficiently navigating the complexities of pre-existing, non-conforming land makes use of requires cautious consideration of the next sensible ideas.
Tip 1: Keep meticulous information. Complete documentation of the institution and continued operation of the pre-existing use is paramount. Retain historic information resembling constructing permits, licenses, tax assessments, images, and another documentation that substantiates the use’s legality and timeframe. Organized information present a robust basis for asserting non-conforming standing.
Tip 2: Perceive native zoning ordinances totally. Zoning laws differ considerably between jurisdictions. Acquire and thoroughly assessment the precise ordinances governing the property in query. Pay shut consideration to provisions associated to non-conforming makes use of, together with any amortization schedules or restrictions on growth or alteration.
Tip 3: Seek the advice of with authorized counsel specializing in land use. Navigating non-conforming use laws may be advanced. Searching for knowledgeable authorized recommendation is essential, particularly when contemplating modifications, expansions, or potential disputes with zoning authorities. Skilled authorized counsel can present tailor-made steerage based mostly on particular circumstances.
Tip 4: Interact proactively with native zoning authorities. Open communication with native zoning officers can stop misunderstandings and facilitate compliance. Discussing proposed modifications or searching for clarification on particular laws can keep away from potential conflicts and guarantee adherence to native necessities.
Tip 5: Doc all communications and actions. Keep an in depth file of all interactions with zoning authorities, together with conferences, correspondence, and submitted purposes. Thorough documentation strengthens the property proprietor’s place in case of disputes or authorized challenges.
Tip 6: Think about long-term implications. Non-conforming standing isn’t everlasting. Amortization schedules or modifications in native zoning laws can ultimately require compliance. Property homeowners ought to contemplate long-term implications and develop methods for eventual conformity or various makes use of.
Tip 7: Discover accessible incentives or mitigation choices. Some jurisdictions provide incentives or mitigation packages to help property homeowners in attaining compliance with zoning laws. Discover accessible choices resembling grants, tax breaks, or variance procedures.
Tip 8: Keep knowledgeable about modifications in zoning laws. Zoning laws are topic to alter. Keep knowledgeable about proposed amendments or updates to native ordinances that might impression non-conforming makes use of. Often monitor native authorities web sites and public notices associated to zoning issues.
Adherence to those tips supplies property homeowners with a robust basis for navigating the complexities of non-conforming use laws. Proactive planning, thorough documentation, and open communication with native authorities are important for safeguarding property rights and making certain profitable long-term land use methods.
By understanding and making use of the following pointers, stakeholders can successfully handle the intricacies of non-conforming makes use of and contribute to a balanced method to land use improvement that respects each particular person property rights and neighborhood improvement targets. The following concluding remarks will summarize key takeaways from this complete overview.
Grandfathered Property and Zoning Legal guidelines
This exploration of pre-existing, non-conforming land makes use of and constructions, typically described as “grandfathered,” has highlighted the intricate stability between defending vested property rights and selling orderly neighborhood improvement. Key features examined embrace the institution of authorized nonconformity, limitations on growth and alteration, the position of vested rights safety, the opportunity of amortization, and the potential termination of non-conforming standing. Understanding these parts is essential for property homeowners, builders, and municipalities navigating the complexities of zoning laws.
The authorized framework surrounding grandfathered properties represents a steady effort to reconcile particular person property pursuits with evolving neighborhood wants. Cautious consideration of those rules and proactive engagement with native zoning authorities are important for fostering predictable and equitable outcomes. As communities evolve and zoning laws adapt, navigating the panorama of grandfathered properties will stay a crucial facet of accountable land use planning and improvement.
