Q: Can a long standing prior property use (boat storage) be eliminated by implementing traffic and parking laws against it?
Vacant residential lots were used by a boat club to store/park boats prior to the existence of village regulations prohibiting it. The deed to the lots restricts the use to residential (allowing churches and lodges). The boat club's use (boat parking) has not been residential but that restriction was ignored for many years. The village has subsequently adopted criminal code restrictions that do not allow parking boats on vacant lots (traffic and parking section). A year ago the village forced the boat club to cease parking boats on the vacant residential lots using its criminal code restrictions.
The boat club would like to apply for a zoning variance but there are no pertinent zoning restrictions to request variance against. Can you advise how the boat club might seek to regain its past use of the vacant residential lots other than filing an expensive lawsuit challenging the right of the Village to adopt its criminal code and restrict parking.
A: Yeah...you've pretty well summed up what you've got here: an expensive lawsuit that you may lose and that no lawyer is going to take for free because there is no hope of a big payoff at the end. The other approach would be to try to defeat the new ordinances through city council or a ballot initiative.
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