Endorsement 3.3 – Zoning Completed Improvement – Legal Non-Conforming Use 2021 v. 01.01 (04-02-2024) ENDORSEMENT 3.3 ZONING – COMPLETED IMPROVEMENT – LEGAL NON-CONFORMING USE This endorsement is issued as part of Policy Number __________ issued by FIDELITY NATIONAL TITLE INSURANCE COMPANY 1. For purposes of this endorsement only, the following terms mean, all as of the Date of Policy: a. “Improvement”: An existing building located on the Land. b. “Non-Conforming Use”: The use of the Land, which use is described in Section 2.b. and is not allowed in the Zoning Ordinance. c. “Non-Conforming Improvement”: An Improvement that violates the Zoning Ordinance with respect to any of the matters set forth in Section 2.c. d. “Zoning Ordinance”: A zoning ordinance or zoning regulation of a political subdivision of the State that is in effect and applicable to the Land. 2. The Company insures against loss or damage sustained by the Insured resulting from: a. The Land not being classified Zone ___ according to the Zoning Ordinance at the Date of Policy. b. The following Non-Conforming Use not being allowed by the governing political subdivision of the State because the Non-Conforming Use violates the Zoning Ordinance at the Date of Policy: ____________________________________. [Drafting Instruction: Describe the existing Non-Conforming Use, or if there is not a Non-Conforming Use, insert “NOT APPLICABLE”.] c. A final decree of a State or federal court having jurisdiction either prohibiting the Non-Conforming Use or requiring the removal or alteration of the Non-Conforming Improvement because, at the Date of Policy, the Non-Conforming Improvement violates the Zoning Ordinance with respect to the following selected matters: The area, width, or depth of the Land as a building site for the Improvement; The floor space area of the Improvement; A setback of the Improvement from the property lines of the Land; The height of the Improvement; or The number of parking spaces. [Drafting Instruction: Select the applicable checkboxes.] 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 the Zoning Ordinance regarding the continuation or maintenance of the Non-Conforming Use or an Improvement; b. The failure to secure necessary consents or authorizations as a condition for continuing or maintaining the Non Conforming Use or an Improvement; c. The invalidity of the Zoning Ordinance, the effect of which is to prohibit the Non-Conforming Use or an Improvement; d. Any change, cessation, abandonment, or replacement of the Non-Conforming Use or an Improvement; ALTA ENDORSEMENTS - 13 - SAMPLES AND DESCRIPTIONS
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