ZONING – COMPLETED IMPROVEMENT – NON-CONFORMING USE – FORM 3.3 The ALTA 3.3 is available for both owner and loan policies. This endorsement covers land with a known non-conforming use under the applicable zoning classification. It insures against loss or damage if a specified non-conforming use is prohibited because it violates a municipal or county zoning ordinance or regulation. Furthermore, this endorsement protects against a final court order that either prohibits the non-conforming use or requires the removal or alteration of an existing improvement because it violates a zoning ordinance as to: (i) the area, width, or depth of the land as a building site, (ii) the floor space area of the building, (iii) the setback of the building, (iv) the height of the building, or (v) the number of parking spaces. Key Updates Based on ALTA 3.3 (2024 v. 01.01): 1. Clarification of Terms: The definition of “Improvement” now explicitly references an “existing building located on the land at the Date of Policy.” Similarly, the description of “Non-Conforming Use” has been revised to include uses established before the zoning ordinance was enacted and not authorized under the ordinance. 2. Expanded Scope: The endorsement now emphasizes distinctions between prohibitions on “Non-Conforming Use” and “NonConforming Improvement,” aligning coverage with zoning-specific legal terminology. 3. Enhanced Drafting Instructions: Drafting instructions and structural formatting, such as selecting checkboxes for zoning violations, were revised to provide clarity and improved usability for practitioners. ALTA Endorsement — Form 3.3 (Zoning – Completed Improvement – Non-Conforming Use – Adopted 04/02/24) Form 3.3 Zoning – Completed Improvement – Non-Conforming Use ALTA ENDORSEMENTS - 12 - SAMPLES AND DESCRIPTIONS
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