Question

A landowner constructed a building 7 stories high. Several years later, the municipality changed the zoning ordinance, prohibiting buildings that exceed 6 stories in height. Which of the following is true regarding the existing 7-story building?

a) It is grandfathered and can remain as is.
b) The landowner must demolish the building.
c) The landowner can apply for a zoning variance.
d) The municipality will compensate the landowner for the building.

Answer 1

The existing 7-story building is usually grandfathered in and can remain as it is without needing to comply with the new zoning ordinance of a 6-story maximum.

Step-by-step explanation:

When a landowner has constructed a building that later becomes non-compliant with new zoning ordinances, such as a 7-story building in an area that is now zoned for buildings with a maximum of 6 stories, the existing building is typically "grandfathered" in. This means that the building can remain as it is, even though it no longer conforms to the new zoning requirements. This is based on the principle that laws are not usually retroactive, and properties that were compliant when they were constructed are often allowed to continue their existing use. Grandfathering avoids the need to demolish or significantly alter structures that were previously legal. However, any new construction or major renovations would likely have to comply with the current zoning laws. The option of seeking a zoning variance may be available, which if granted, would officially allow the property to deviate from current zoning rules.