If an apartment building is rezoned to industrial, what can the owner do?

When an apartment building is rezoned to industrial, the owner has the option to maintain the existing use of the property as long as no expansion occurs. This is because zoning laws often grandfather in existing uses when a property is rezoned. As a result, the owner can continue operating the apartment building under its prior use, given that it conforms to any stipulations set forth by the local zoning authority regarding nonconforming uses.

This scenario typically allows the property owner to benefit from the existing structure and occupancy without being forced to change the use or close down the operation immediately after a zoning change. While the zoning designation has altered, the right to continue the previous nonconforming use is often protected, preventing sudden disruption to current occupants and maintaining stability in the housing market.

In cases where a property’s use does not comply with the new zoning regulations, as long as it isn't expanded, the existing use can still continue until it is no longer viable or if the owner decides to pursue a different use that aligns better with the new zoning classification.