HHow Can We Avoid a Zoning Restriction?
The answer will depend on whether a grandfather clause was included in the legislation when the applicable code was adopted. We suggest contacting the local building department to view a copy of the specific code cited in the violation. The following is an example of such a grandfather clause:
14.50 GRANDFATHER CLAUSE. This subchapter shall not affect any satellite antenna erected prior to June 28, 1985.
It may be possible to petition for a special use permit or variance. The most common way of providing relief from the provisions of a municipal ordinance is through the granting of a variance. This is an authorization to use land or to operate a business in a way that would otherwise be prohibited by the ordinance. It is also used to give relief from, or permit reduction of, one or more requirements of the ordinance as applied to a particular site.