Legal Question in Real Estate Law in Connecticut

Zoning Special Permit Noncoforming Property

My question is: We own a building that is nonconforming. We got a special permit to operate a retail flooring showroom and warehouse. We have 1400 sf of office space that we were told before we rented we had to go before zoning. So we found a tenant and went before zoning. We were denied. Our neighbor made a case that we were expanding nonconforming property from one business into two businesses. Unfortunately, we were not expanding anything. The space is existing and empty. We are now in financial hardship. They denied our application stating that we neglected to ask for this on our first application when we presented for the retail store (as we did). We think, however, they did not deny us using our neighbors legal information for appeal reasons. In any event, what can we do? Can we rent out any part of our building without having to get permission from zoning? The building was previously used for industrial manufacturing and the offices were used by that company - it was one entity. Please help - any information would be greatly appreciated. Thank you. Andrea Pelosi


Asked on 1/07/07, 5:34 pm

1 Answer from Attorneys
Andrew Magwood Andrew A. Magwood Attorney at Law

Re: Zoning Special Permit Noncoforming Property

In short - if the use was a pre-existing non-conformity, you should be able to continue it. Zoning is a detailed area of law and if you don't "cross all the t's" you may lose. Also, you have to have a lawyer who is able to set this up for the administrative appeal. Unfortunately, zba's get this stuff wrong too often and an appeal isneeded to correct the matter. I would be happy to discuss this matter with you further.

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Answered on 1/08/07, 8:35 am


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