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Expert Analysis

The Grandfathering Clock: Zoning And Nonconforming Uses

Law360, New York (March 16, 2016, 3:07 PM EDT) -- In New York City, as in most jurisdictions with zoning codes, the City's Zoning Resolution provides for the continuation of land uses that are made nonconforming by a change in zoning (grandfathering). The ZR defines a nonconforming use as "any lawful use ... which does not conform to any one or more of the applicable use regulations" of the ZR "as a result of any subsequent amendment thereto." In other words, where, for example, the zoning designation is changed from commercial to residential, existing commercial uses are considered grandfathered and may continue to operate even though no longer permitted by the new residential zoning....

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