The property has legal nonconforming use
status which permits all uses in Use Groups 6-17 and is the only two-story drive-in garage in the immediate area with a Certificate of Occupancy that allows non-public parking uses.
The Town of Little Wolf appeals an order of the circuit court affirming the decision of the Waupaca County Board of Adjustment that the Thiel Pit, a nonmetallic mine, is a lawful nonconforming use
and is, therefore, not subject to Waupaca County's newly enacted nonmetallic mining ordinance.
Section 6.1.6 of the Zoning Bylaws states that a nonconforming use
'which has been abandoned, or not used for a period of two years, shall lose its protected status and be subject to all of the provisions of this zoning bylaw.' (Emphasis added.) The Board thus upheld the building inspector's denial of a building permit on grounds of non-use.
The Building Control Section (BCS) of CDA has conducted operation against nonconforming use
of residential units in capital city.
IHC judge Justice Shaukat Aziz Siddiqui, during the same day, had ordered the Capital Development Authority (CDA) to seal the offices ofBol TV,ARY News andCapital TVfor violating the regulations on the nonconforming use
of residential buildings if the channels failed to vacate the premises within two hours.
Sources said that during Thursday's meeting, the CDA chairman expressed displeasure with the nonconforming use
of farmhouses and directed the planning wing to ensure all lessees and allottees produce vegetables, fruit and poultry according to their lease agreements.
Lost Valley originally received in 1991 a county nonconforming use
permit that would allow it annually to host up to 150 students, 35 staff members and their families, and a total of 3,000 visitors.
CDA is carrying out operation not only against the illegal slums also against the nonconforming use
of the houses in the city as well as the nonconforming use
of the Agro Farms.
In their appeal of Imfinger's ruling, owners of the mobile home park argued that Richland's zoning ordinance applied to the mobile home park as a whole, not to individual lots within the park The owners argued that as long as they did not expand the nonconforming use
, the park's operation was permitted.
Citing Shearl's burden of establishing a nonconforming use
, the BOA unanimously denied his appeal and upheld the violation.
The Department of Ecology allows local jurisdictions, like Douglas County, to adopt their own Shoreline Master Plan regulations, addressing nonconforming use
The Court of Appeals of Michigan considered both the legal nonconforming use
of the property as well as the zoning classification in determining that no unconstitutional taking occurred.