Virginia Bans Post-Term Non-Comp...
Earlier this month, the State of Virginia amended the Virginia Retail Franchising Act in two ways: (1) Virginia law governs all Virginia fra...
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A property owner claims they don’t have to fix building code violations because the building has “always been that way.” Does the nonconforming use doctrine protect them?
Answer: No. The nonconforming use doctrine—sometimes called “grandfathering”—only applies to zoning ordinances, not to building code violations or other municipal regulations. A prior nonconforming use is only permissible if it existed before a zoning regulation’s effective date—and even then, the property owner must offer evidence the property was operated as a “lawful use” before the ordinance was enacted. Building code violations, fire code violations, and similar regulatory requirements must still be addressed regardless of how long the property has been out of compliance. This also means that such code compliance issues can be the obligation of a current owner even if title to the property was acquired from a previous owner.
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