"Grandfathering" is a term used to refer to a legally existing nonconformity. A nonconformity is a use, sign, structure, lot or other situation that does not comply with the Current Code (Land Development Code Title 17). Full requirements for legally existing nonconformities are explained in Chapter 17.59 of the Land Development Code. This chapter is intended to govern the uses, structures, lots and other situations that came into being lawfully, but that do not conform to one or more standards of the Land Development Code.
The regulations are intended to recognize the interests of property owners in continuing to use the nonconforming property and to manage the expansion of legally existing nonconformities, to regulate re-establishment of abandoned uses, and to limit re-establishment of structures that have been substantially destroyed. It is the policy of the Municipal Council that as legally existing nonconformities obtain permits or review pursuant to the Chapter, that the objective is to ultimately replace the legally existing nonconformity with a conforming use or structure.
Financial institutions who hold mortgages on properties often require evidence from the City that multi-family structures can be rebuilt, if destroyed.
Inquiries about grandfathering can be made at the Community Development Department by calling 435-716-9036 .