jgold47
Distinguished Member
- Joined
- Mar 23, 2008
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Just a brain teaser for you.
Property Owner has a pylon type sign that under new zoning ordinaces is non-conforming. They snuck in a use it or lose it clause. Property has been unoccupied (retail building) for longer than the 90 days. City is threatening to revoke a temporary use permit unless landlord agrees to tear down the pylon at the end of the temporary use. Had landlord not agreed to temporary use, the pylon could exist in a non-conforming status untill 2014 (per the ordinance) where in whcih the city would forecably remove the pylon at the owners cost.
My question is, what if any recourse does that PO have? Can grandfather status be revoked via ordinance? Are use it or lose it provisions legal?
Property Owner has a pylon type sign that under new zoning ordinaces is non-conforming. They snuck in a use it or lose it clause. Property has been unoccupied (retail building) for longer than the 90 days. City is threatening to revoke a temporary use permit unless landlord agrees to tear down the pylon at the end of the temporary use. Had landlord not agreed to temporary use, the pylon could exist in a non-conforming status untill 2014 (per the ordinance) where in whcih the city would forecably remove the pylon at the owners cost.
My question is, what if any recourse does that PO have? Can grandfather status be revoked via ordinance? Are use it or lose it provisions legal?