Page 13 - ALTA Endorsements Guide

A L T A E N D O R S E M E N T

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ALTA ENDORSEMENT 3.3[-06]

ZONING—COMPLETED IMPROVEMENT—NON-CONFORMING USE

Adopted (12-01-18)

1. For purposes of this endorsement:
a. “Improvement”: A building located on the Land at the Date of Policy.

b. “Non-Conforming Use”: The use of the Land described in Section 2.a. existing at the Date
of Policy and before the Zoning Ordinance was enacted, although the use is not authorized
in the Zoning Ordinance.
c. “Zoning Ordinance”: A municipal or county zoning ordinance or zoning regulation
applicable to the Land at the Date of Policy.

2. The Company insures against loss or damage sustained by the Insured resulting from:

a. The following Non-Conforming Use not being allowed by the municipality or county
because the Non-Conforming Use violates a Zoning Ordinance:
[DRAFTING INSTRUCTION: Describe the existing Non-Conforming Use]
b. A final decree of a court of competent jurisdiction either prohibiting the Non-Conforming
Use or requiring the removal or alteration of the Improvement because, at the Date of
Policy, the Non-Conforming Use violates a Zoning Ordinance with respect to any of the
following matters:
i. The area, width, or depth of the Land as a building site for the Improvement;
ii. The floor space area of the Improvement;

iii. A setback of the Improvement from the property lines of the Land;
iv. The height of the Improvement; or

v. The number of parking spaces.

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 a Zoning
Ordinance regarding the continuation or maintenance of the Non-Conforming Use;
b. The failure to secure necessary consents or authorizations as a condition for continuing
the Non-Conforming Use;
c. The invalidity of a Zoning Ordinance, the effect of which is to prohibit the Non-Conforming
Use;
d. Any change, cessation, abandonment, or replacement of the Non-Conforming Use or an
Improvement;
e. A prohibition to restore an Improvement;
f. The violation of or the lack of compliance with any law, order, or regulation regarding the
continuation or maintenance of the Non-Conforming Use or an Improvement;

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