Pschesang v. Village of Terrace Park

The issue presented is whether appellant’s use of the property constitutes a nonconforming use. For the reasons that follow, we conclude that appellant’s use was illegal under the zoning ordinance in existence when he purchased the property and began using it as a dentist’s office and consequently, it did not constitute a nonconforming use when he subsequently applied for a building permit.

In discussing a nonconforming use, this court has stated that there is a “* * * right to continue the use of one’s property in a lawful business and in a manner which does not constitute a nuisance and…