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2016 SESSION

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HB 367 Nonconforming uses; uses that do not conform to zoning prescribed for district, etc.

Introduced by: Glenn R. Davis | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Nonconforming uses. Provides that if a use does not conform to the zoning prescribed for the district in which such use is situated, and if (i) a business license was issued by the locality for such use and (ii) the holder of such business license has operated continuously in the same location for at least 15 years and has paid all local taxes related to such use, the locality shall permit the holder of such business license to apply for a rezoning or a special use permit without charge by the locality or any agency affiliated with the locality for fees associated with such filing.

SUMMARY AS PASSED HOUSE:

Nonconforming uses. Provides that if a use does not conform to the zoning prescribed for the district in which such use is situated, and if (i) a business license was issued by the locality for such use and (ii) the holder of such business license has operated continuously for at least 15 years and has paid all local taxes related to such use, the locality shall permit the holder of such business license to apply for a rezoning or a special use permit without charge by the locality or any agency affiliated with the locality for fees associated with such filing.

SUMMARY AS INTRODUCED:

Nonconforming uses. Provides that a locality may by ordinance provide that an otherwise unlawful use of a subject property shall be a lawful nonconforming use if (i) the land use on a subject property has operated continuously for at least 15 years, (ii) there have been no building code or other local code violations or complaints arising out of the land use from neighboring property owners or other impacted parties, and (iii) all local taxes related to the property and business have been paid in a timely manner.