How do the newly adopted TZC Updates affect businesses who want to sell or transfer ownership to future owners?

The TZC Updates do not trigger the loss of nonconforming status for a sale, lease or transfer of a property containing a nonconforming building, structure or use. However, the nonconforming status of a business that meets the definition of a Noxious Use, as defined in the TZC, would lose its nonconforming status if it requires a new certificate of occupancy for any reason other than a change in business name with no change in owner of the business. If a nonconforming industrial use that meets the definition of a Noxious use is determined to be in violation of any applicable regulation (Federal, State, Local), legal nonconforming status shall be lost if the violation lasts a period of thirty (30)  consecutive days; or the violation(s) are observed and documented for a total period of sixty (60) days in a one-year period; or three noncompliant notices from a Federal, State, or Local regulatory agency relating to or arising from the nonconforming use are sent in a one-year period.

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