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DCPVAR-0000-02812
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DCPVAR-0000-02812
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Last modified
3/21/2023 10:58:24 AM
Creation date
3/10/2017 8:38:17 AM
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Zoning Permits
Permit_Number
02812
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The same result has been reached in numerous other <br />jurisdictions and is clearly the prevailing view. Four such cases <br />are cited in the footnote below.8 The holdings of two others are <br />here quoted: <br />"An entire tract [laid out, designed and improved for <br />occupancy by mobile homes] is generally regarded as <br />within the exemption of an existing nonconforming use, <br />although the entire tract is not so used at the time of <br />the passage or effective date of the zoning law." Appeal <br />of Tadlock, 261 N.C. 120, 134 S.E.2d 177 at 180 (1964). <br />"Where a trailer -court project is partially completed <br />when zoning regulations become effective, and the <br />evidence is clear as to the extent of the project, the <br />completed project will ordinarily determine the scope of <br />the nonconforming use." County of Sarpv vs. Petsch, <br />172 Neb. 263, 109 N.W.2d 388 at 391-392 (1961). <br />If the Zoning Inspector's interpretation were applied to a <br />nonconforming apartment building, there would be an abandonment or <br />discontinuance of a nonconforming use every time one of the <br />apartments became vacant and a new tenant moves in. Such a <br />contention has been vigorously rejected by the courts.9 The law <br />of nonconforming uses will not permit the slow butchering of the <br />hog. <br />In the apartment building example, it may be argued that <br />tenants do not take their apartment with them when they move out <br />and new tenants move in. In a mobile home park, tenants who move <br />8 See Blundell vs. West Helena, 258 Ark. 123, 522 S.W.2d 661 <br />(1975); see also Youngsville vs. Zoning Board, 69 Pa. 282, <br />450 A.2d 1086 (1982); see also Lampasona vs. North Stonington, <br />6 Conn. App. 237, 504 A.2d 554 (1986); Trailer City vs. Council <br />Bluffs, 218 N.W.2d 645 (Iowa 1974). <br />9 See 83 AM JUR 2d Zoning & Planning §688 and the case law <br />cited at its footnotes 12 and 13. <br />12 <br />
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