Posted by Sue Kingsley on September 13, 2006 at 23:19:52:
Thanks so much for the info. Unfortunately, it is making our house very hard to sell…we had a buyer interested in it as a residence, but their lender wouldn’t touch it because of the no-rebuild situation. And commercial candidates aren’t very interested because the property does not have great commercial characteristics. I feel it has basically reduced the value of our property.
nonconforming use - Posted by Sue Kingsley
Posted by Sue Kingsley on September 13, 2006 at 01:43:00:
My 35 year old home is on commercial property. The township ordinance says if it is over 50% destroyed I would not be allowed to rebuild (Olive Township Holland Michigan). Can they legally do that?
Re: nonconforming use - Posted by Frank Chin
Posted by Frank Chin on September 14, 2006 at 08:13:42:
Sue:
This is very common, though the percentage of 50% you cited can vary from place to place.
My dad has a commercial property in a residential district, and if a given percentage is destroyed by fire, or a partial teardown and rebuilt, it’ll have to conform to current zoning, i.e only residential.
On the Bob Villa show, a beach front cottage was rebuilt tearing down 3 out of 4 walls, allowing it to sit wear it is, rather than further back called for by current zoning.
YES, it’s legally done all the time.
Frank Chin
One other thought - Posted by dealmaker
Posted by dealmaker on September 13, 2006 at 07:58:00:
If it were in a residential area and 50% destroyed you would not be able to rebuild it without bringing it up to current codes and restrictions, including building size! So if your house is 1600 sq ft and current restrictions call for 1800 minimum you’d have to go bigger.
dealmaker
Re: nonconforming use - Posted by dealmaker
Posted by dealmaker on September 13, 2006 at 07:55:53:
Yes. If munis weren’t allowed to write and enforce zoning and usage laws our cities would be more screwed up looking than they already are. Besides in a commercial area the vacant lot should be worth more than the house is, commercial ppty always sells at its “economic” value, residential sells at its emotional value.
dealmaker