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Mossman v. City of Columbus, 234 Neb. 78, 449 N.W.2d 214

Facts

The Mossmans purchased their property and original mobile home in 1977, which had been on the property since 1961. After the property was annexed by the City of Columbus and zoned for two-family residences, the Mossmans removed the original mobile home in 1986, intending to replace it with a newer unit. The city’s building inspector informed them that by removing the original mobile home, they had broken the nonconforming use, and any further use must conform to the city code.

The Mossmans purchased the property and original mobile home on May 21, 1977. This mobile home unit had existed on the property since the Mossmans' predecessor in title placed it there in 1961.

Issue

Did the Mossmans lose their right to continue the nonconforming use of their property as a mobile home site by removing the original mobile home?

The issue raised by the Mossmans' six assignments of error is whether by removing the original mobile home from their property they lost their right to continue the nonconforming use of their property as a mobile home site.

Rule

The lawful use of a building or lot existing at the time of the passage of zoning regulations may be continued, provided no structural alterations are made, as defined by the zoning ordinance.

The lawful use of a building or lot existing at the time of the passage of this Title may be continued, although such use does not conform with the provisions hereof, and such use may be extended throughout the building; provided no structural alterations, except those required by law or provisions of this Code are made therein.

Analysis

The court determined that the complete replacement of the original mobile home with a new unit constituted a 'structural alteration' under the zoning ordinance. The court distinguished this case from others by emphasizing that the relevant ordinance focused on changes made to the structure itself rather than the use of the structure. The court concluded that the removal and replacement of the mobile home altered the supporting members of the structure, thus violating the nonconforming use provisions.

The language of § 11–1–1 provides that any change in the supporting members of a structure constitutes a structural alteration.

Conclusion

The court affirmed the district court's decision, upholding the city's refusal to permit the replacement of the mobile home.

The judgment of the district court is correct and is therefore affirmed.

Who won?

City of Columbus; the city prevailed because the court found that the Mossmans' actions constituted a structural alteration, which violated the zoning ordinance.

The city, on the other hand, argues that if the Mossmans are permitted to replace the original mobile home, the nonconforming use will be permitted to run indefinitely, in violation of the city's ordinances.

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