How long does a grandfather clause last

A new restaurant built next door, however, would be required to meet the current fire safety codes. A grandfather clause may also extend to private home ownership and zoning. If a new zoning regulation called for 10 feet of clearance on all sides, it would not be practical to physically move all of the current homes built before the zoning change. A grandfather clause would allow exemptions to homes built before the zoning change went into effect.

It is important to note, however, that not all contingencies are automatically covered by a grandfather clause. Some changes require everyone affected by the law to take action, regardless of the age or condition of their home.

The current usage of the term grandfather clause is fairly benign, but the history behind the phrase is not. The original grandfather clause concept arose during the segregationist Jim Crow period following the Civil War. Working with an experienced real estate lawyer who knows the specific legislation in your area will help you if you have concerns about your home, cottage or property and what can or cannot be grandfathered.

How does it all work? Tags: by-laws , Muskoka , ordinances , real estate law , Real Estate lawyer. The difficulty with code is that it changes and evolves over time. While powerful, grandfather use rights are not unlimited.

A grandfather use can lapse if the property owner fails to take advantage of it over time. Timing is essential with these types of uses.

It must have legally existed before the change in the surrounding area. This now-nonconforming use continues or is after the zoning code change so long as the use it is not interrupted for longer than a given period, usually a year which would be a lapse. This grandfather clause protection refers only to the right not to have the use immediately stopped due to a new rule or ordinance prohibiting the use. To establish a nonconforming use, you must show:.

Laws are interpreted not to favor nonconforming uses. Courts can limit those uses, but not abolish them. This means a grandfathered use might never be revoked. There are conditions in which a grandfather clause is not revoked, but a nonconforming use becomes a vested legal right and permanent, within limits:. Snohomish County in , established limits for nonconforming uses and their regulation.

The peat mining company claimed Snohomish County was trying to run it out of business, improperly denying its right to continue its nonconforming use. It argued that its ongoing grandfathered use could not be revoked. Lower courts found for the company; the Supreme Court reversed, stating the company could be subject to regulations enacted after it started business.

Thus, while a nonconforming use is powerful, it is not untouchable from a regulatory standpoint. Examples of past cases can help answer the question of whether a grandfathered use can be revoked.