LAND USE AND ZONING Joseph V. Luvara & Associates provides aggressive advocacy and trusted legal advice in development so that real estate transactions progress smoothly. Our extensive knowledge and experience helps us to assist clients in matters such as permitting, variances, rezoning, and regulatory compliance. We secure preliminary approval and final approval of development plans and subdivision plans, and protect owners' rights regarding non-conforming uses. If zoning ordinances are passed or revised, then generally property owners are permitted to continue their existing uses. These are called a nonconforming use. For example, if a structure has been used as a commercial property, and a zoning change is passed and includes a new or expanded residential district, then the owner may continue the commercial use. Generally, so long as the commercial use has never ceased or lapsed, then the owner may use or may even sell the property as commercial. Additionally, the new owner is entitled to nonconforming status as long as the new owner continues the commercial use without interruption. Municipalities may provide a special procedure in their zoning ordinances. This permits a property owner to obtain a Certificate of Nonconforming Use, so that the certificate serves as proof of the existence of the nonconforming use and confirms the vested right of the owner to continue the use.