Just like certain buildings or structures, grandfathering can apply to the business or commercial use of a property as well.
Within the Town of Webb there are plenty of examples.
The local law calls them a “Lawfully pre-existing and Non-conforming Use.”
Without identifying any particular business, it’s not too difficult to figure out where they are.
In almost all cases, a grandfathered business had to be established before the adoption of the first zoning ordinance… which was 1965. That’s nearly fifty years ago.
The business must have been—and still be—active today.
However, there are a few examples of grandfathered uses that began in the mid-1990s.
In the mid-1990s, the Town of Webb amended the Zoning Ordinance with the creation of Commercial Business District Sub-Districts 1-6.
On the zoning maps the areas shown as “CB” were further broken down into CB-1 through CB-6.
The overall CB district boundary lines did not expand.
In each of the CB 1-6 sub-districts certain “standard” and “conditional uses” were established.
In the original CB districts [before the sub-districts], any type of business could go in any area shown as CB on the zoning map; usually as a conditional use, thus requiring the approval of the Planning Board.
After the mid-1990s amendment, if a use, or type of business, was not shown as a standard or conditional use on the zoning map it was considered a prohibited use, and simply not allowed with or without Planning Board approval.
The older grandfathered businesses that were created way back at the adoption of the first Zoning Ordinance of 1965 are the ones that may be at risk.
Why? The local law also requires that any non-conforming use that is closed, for any reason, for a period of 24 months [two years], shall not be re-established and only the allowable uses in that zoning district may be established.
They lose all grandfathered rights after two years of not being in operation… and it doesn’t matter why they closed.
Old restaurants, hotel/motels, retail stores or any other type of business that is not currently located in an appropriate area of on the zoning map, will most likely be some sort of grandfathered use… and would be subject to the possibility of losing its grandfathering if the business is closed, for any reason, for two years.
In the heart of the business areas of Old Forge, Eagle Bay, Thendara, Big Moose Station, almost everything is located in one of the CB-1 through CB-6 districts.
Again, there may be a few examples of grandfathering created when the CB districts were amended in the mid-1990s to include sub-districts.
The more obvious grandfathered situations are places that were established a long time ago.
Most of them are in the middle of areas having mostly seasonal homes or shorelines spotted with the same.
There are a few that are just out in the middle of “no-where,” but have been there 50 to 100 years, obviously before zoning laws.
Why does local law require they lose their grandfathering after two years of no activity?
Whether you agree or disagree, almost all zoning ordinances, for any town, will have a section that talks about “non-conforming Uses.”
They all acknowledge that if a business, or specific use, existed at the time the zoning ordinance became effective, that business or use could continue.
It can be maintained, sold, transferred, and even in some cases expanded.
However in time, through fruition, as things change, it was to encourage harmonious uses of land to be more consistent with the neighborhood.
The zoning ordinance is like a vision for the future. It’s intended to help protect neighborhoods, the value of properties and the enjoyment of the same.
If making an investment into a business that just doesn’t look like it is in an area generally for commercial use, it may be a good idea to go visit the local code enforcement office and find out the details.
Of course, it may be a good idea to do this before investing in any property, business or otherwise.
Knowledge and understanding can save a lot of aggravation.