It is difficult to imagine that a heavily intense, 24-hour operation such as a Dunkin’ Donuts could rely on a prior owner’s use variance for a mom and pop grocery store in a residential zone � that was granted 40 years ago � without the need for a further use variance, simply because they happen to be similarly categorized uses under the local zoning ordinance. However, municipalities should prepare themselves for just such a scenario.

Attorneys, land-use boards and municipal planners alike have generally been of the view that once a use variance has been granted, there can be nothing other than an insubstantial change in use without the need to secure another use variance.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]