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"Nonconforming use"
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Upscaling Downtown
2014,2015,2017
Once known for slum-like conditions in its immigrant and working-class neighborhoods, New York City's downtown now features luxury housing, chic boutiques and hotels, and, most notably, a vibrant nightlife culture. While a burgeoning bar scene can be viewed as a positive sign of urban transformation, tensions lurk beneath, reflecting the social conflicts within postindustrial cities.Upscaling Downtownexamines the perspectives and actions of disparate social groups who have been affected by or played a role in the nightlife of the Lower East Side, East Village, and Bowery. Using the social world of bars as windows into understanding urban development, Richard Ocejo argues that the gentrifying neighborhoods of postindustrial cities are increasingly influenced by upscale commercial projects, causing significant conflicts for the people involved.
Ocejo explores what community institutions, such as neighborhood bars, gain or lose amid gentrification. He considers why residents continue unsuccessfully to protest the arrival of new bars, how new bar owners produce a nightlife culture that attracts visitors rather than locals, and how government actors, including elected officials and the police, regulate and encourage nightlife culture. By focusing on commercial newcomers and the residents who protest local changes, Ocejo illustrates the contested and dynamic process of neighborhood growth.
Delving into the social ecosystem of one emblematic section of Manhattan,Upscaling Downtownsheds fresh light on the tensions and consequences of urban progress.
City of Okoboji v. Okoboji Barz, Inc
2008
The Iowa District Court for Dickinson County held that the sale of alcoholic beverages was an expansion of a nonconforming use, but the Iowa Court of Appeals declared that the sale of alcohol was a legal nonconforming use and ordered the City of Okoboji to issue the liquor license to the owner. The court also rejected the city's argument that the service of alcoholic beverages as a nonconforming use was abandoned in 1994, even though the previous owner allowed the liquor license to expire because the sale of alcohol is not a separate and distinct use of the property.
Journal Article
On Vino Veritas? Clarifying the Use of Geographic References on American Wine Labels
2001
Geographical indications of origin are important tools for consumer protection and product differentiation in the wine industry. The federal Bureau of Alcohol, Tobacco, and Firearms (\"ATF\") regulates their use on American wine labels. However, geographic terms also may appear on American wine labels in several other contexts, including as brand names, winery addresses, wine types, or even as grape variety names. These geographic terms often conflict with a wine's geographical indication of agricultural origin. This Comment examines the core purposes of ATF's wine-labeling regulatory scheme and compares these purposes to the similar purposes of trademark law. Applying consumer confusion and dilution analyses of trademark law to wine label content, this Comment argues that significant inconsistencies in ATF's regulation of geographic terms undermine its ability to serve its core regulatory purposes. These \"nonconformities\" in ATF's overall zoning scheme for the use of product descriptors on wine labels have produced a great deal of industry debate in recent years, as well as much political and legal maneuvering, yet the wine industry appears incapable of reaching consensus on a resolution to these issues. This Comment sets forth a comprehensive reform proposal that borrows the most promising aspects of existing reform proposals while incorporating a solution often applied in the zoning context: a phase-out of nonconforming uses over a reasonable amortization period. This comprehensive proposal would provide a meaningful and necessary resolution to the current conflict, while respecting both constitutional and commercial prerogatives.
Journal Article
Billboards and Big Utilities: Borrowing Land-Use Concepts to Regulate \Nonconforming\ Sources under the Clean Air Act
2003
The Clean Air Act of 1970, which essentially codified the federal regulatory approach toward air pollution, established a two-tiered framework for the regulation of major stationary sources of air pollution. This note focuses on the statutory language of the 1970 CAA and the 1977 CAA Amendments and subsequent judicial interpretations. It examines the development of land-use doctrine governing the regulation of preexisting nonconforming uses and highlight its theoretical similarities to the air pollution context, specifically the use of amortization provisions in the zoning context. It then proposes that the incorporation of amortization provisions into the Clean Air Act could provide a viable solution to the problem posed by old sources and, if applied properly, is preferable to several proposed alternatives and should successfully withstand constitutional takings arguments. Finally, this proposal is framed within the context of a larger debate between the proponents and critics of command-and-control regulation.
Journal Article
TRANSFERRING MEASURE 37 WAIVERS
2006
In the near future, the Oregon courts will address whether landowners can transfer Measure 37 waivers granted by the government in lieu of compensation. On the basic question of whether waivers are personal or run with the land, the courts will likely conclude that waivers are personal. However, courts may apply the principle of vested rights in the area of Measure 37 waivers. Currentiy a landowner can have a vested right in a nonconforming use that may be passed to subsequent landowners. Similarly, a landowner may have a vested right in the use granted by a Measure 37 waiver if the landowner has taken substantial steps toward implementing that use.
Journal Article