Amortization of Nonconforming Uses in Flood Plains

The majority of courts seem to sustain zoning ordinances with amortization provisions for eliminating nonconforming uses if the amortization period is reasonable and the detriment to the individual is small in relation to the benefit to the public. Condemnation, abandonment, prohibiting or limiting extensions and repairs, and amortization are four methods used to eliminate nonconforming uses. Amortization is presented as the best method of removing nonconformities in the flood plain for purposes of reducing flood damages. Some of the prevalent theories of the court and a brief review of the most cited cases are presented to bring about a better understanding of zoning with an amortization plan.