Posted On: 11/08/2014 12:55:00 PM
Post# of 56324
this is important as well from the same article.
I find that the use of that property for agricultural purposes has continued to and including the present date and while the type of farming has changed, the use of the property and the buildings has not substantially changed so as to no longer consider the lands of the Respondent as a legal non-conforming use.
This could blindside the implementation. These lands have not been continually used. The landowner has never used these lands in recent years for anything. He has applied to have the zoning changed to allow a movie studio, and another attempt to place a different business on the site, neither of which was an agricultural use.
The use of the term "lawful" is important as well, because until HC grants the license, there is no lawful prior use.
I find that the use of that property for agricultural purposes has continued to and including the present date and while the type of farming has changed, the use of the property and the buildings has not substantially changed so as to no longer consider the lands of the Respondent as a legal non-conforming use.
This could blindside the implementation. These lands have not been continually used. The landowner has never used these lands in recent years for anything. He has applied to have the zoning changed to allow a movie studio, and another attempt to place a different business on the site, neither of which was an agricultural use.
The use of the term "lawful" is important as well, because until HC grants the license, there is no lawful prior use.
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