Page 13 - Guide to the Most Requested Commercial Title Insurance Endorsements eBook

ALTA Table of Contents Quick Reference Index

ENDORSEMENT 1 2 3 1 2 3 4 5 6

Zoning – Completed Improvement – Legal Non-Conforming Use
ALTA 3.3 Endorsement [2021 v. 01.01 (04-02-2024)]
ENDORSEMENT

This endorsement is issued as part of Policy Number
Issued by:
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY

1. For purposes of this endorsement only, the following terms mean, all as of the Date of Policy:
a. “Improvement”: An existing building located on the Land.
b. “Non-Conforming Use”: The use of the Land, which use is described in Section 2.b. and is not
allowed in the Zoning Ordinance.
c. “Non-Conforming Improvement”: An Improvement that violates the Zoning Ordinance with
respect to any of the matters set forth in Section 2.c.
d. “Zoning Ordinance”: A zoning ordinance or zoning regulation of a political subdivision of the
State that is in effect and applicable to the Land.

2. The Company insures against loss or damage sustained by the Insured resulting from:
a. The Land not being classified Zone ___ according to the Zoning Ordinance at the Date of
Policy.
b. The following Non-Conforming Use not being allowed by the governing political subdivision of
the State because the Non-Conforming Use violates the Zoning Ordinance at the Date of
Policy: ____________________________________.

[Drafting Instruction: Describe the existing Non-Conforming Use, or if there is not a Non-
Conforming Use, insert “NOT APPLICABLE”.]

c. A final decree of a State or federal court having jurisdiction either prohibiting the Non-
Conforming Use or requiring the removal or alteration of the Non-Conforming Improvement
because, at the Date of Policy, the Non-Conforming Improvement violates the Zoning
Ordinance with respect to the following selected matters:

☐ The area, width, or depth of the Land as a building site for the Improvement;
☐ The floor space area of the Improvement;
☐ A setback of the Improvement from the property lines of the Land;
☐ The height of the Improvement; or
☐ The number of parking spaces.

[Drafting Instruction: Select the applicable checkboxes.]

3. Section 2 does not insure against loss or damage and the Company will not pay costs, attorneys’
fees, or expenses resulting from:
a. The lack of compliance with any condition, restriction, or requirement contained in the Zoning
Ordinance regarding the continuation or maintenance of the Non-Conforming Use or an
Improvement;
b. The failure to secure necessary consents or authorizations as a condition for continuing or
maintaining the Non-Conforming Use or an Improvement;
c. The invalidity of the Zoning Ordinance, the effect of which is to prohibit the Non-Conforming
Use or an Improvement;

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