Un-permitted guest house

[STEVE COOPER]

If there is an un-permitted guest house (lot is 10 acres) and is not allowed by county zoning does the entire property become illegally zoned? Both the owner and the county said the guest house is unpermitted and not allowed.

 

[The Warrior Monk]

If there is an un-permitted guest house (lot is 10 acres) and is not allowed by county zoning does the entire property become illegally zoned? Both the owner and the county said the guest house is unpermitted and not allowed.

The property does not become illegally zoned. It is the use of the property that is not in conformance with zoning, and in this case has been confirmed illegal.

 

[Smokey Bear]

Nope. There are several ways for a property to be out of compliance. (Besides - 'illegally zoned' would only apply if the city council passed the zoning law illegally). Out of compliance can mean a non-conforming lot, a non-conforming use (SFR being used as a commercial building), a non-conforming structure (built without permits, or remodel without permits, like splitting a house into 2 units and adding a 2nd kitchen).

BTW, California has a law that requires municipalities to allow an accessory unit in SFR land, providing it meets certain size requirements and the owner lives in one of the units. So, in your case, you have to find out if it meets the state requirements, and if it was permitted. If so, it's probably legal. If not, it's a teardown. Appraise at HBU, and cost to cure for the teardown (or if it's attached and the structure was permitted, just not the current configuration, they might be able to convert back to SFR.)

 

[Terrel L. Shields]

If there is an un-permitted guest house (lot is 10 acres) and is not allowed by county zoning does the entire property become illegally zoned? Both the owner and the county said the guest house is unpermitted and not allowed.

pile bales of hay against it and burn it down...we ain't having none of that illegal crap around here....

 

[Mike Kennedy]

What is the Governing Municipality?

 

[PropertyEconomics]

Just how many "illegal permit" threads can be started in one month?

 

[Walter Kirk]

In my experience most governments will automatically say that anything not in compliance with current zoning law is not a legal use. In many cases the improvements in question were built before the current zoning law and are "grandfathered". In other cases the improvements have been in place for years without any government action.

 

[CANative]

Nope. There are several ways for a property to be out of compliance. (Besides - 'illegally zoned' would only apply if the city council passed the zoning law illegally). Out of compliance can mean a non-conforming lot, a non-conforming use (SFR being used as a commercial building), a non-conforming structure (built without permits, or remodel without permits, like splitting a house into 2 units and adding a 2nd kitchen).

BTW, California has a law that requires municipalities to allow an accessory unit in SFR land, providing it meets certain size requirements and the owner lives in one of the units. So, in your case, you have to find out if it meets the state requirements, and if it was permitted. If so, it's probably legal. If not, it's a teardown. Appraise at HBU, and cost to cure for the teardown (or if it's attached and the structure was permitted, just not the current configuration, they might be able to convert back to SFR.)

The few exceptions to the second unit law are for areas in the coastal zone (subject to the rules of the California Coastal Commission) and for properties in certain "flavors" of agricultural zoning. There must be something unusual about this property.

 

[Atlanta CG]

Appraise it with no value to the illegal structure. In your highest and best use analysis detail why it is illegal and what would the cure be. Also be very specific stating which parts of the zoning ordinance state it is illegal and what the authorities have stated will be an acceptable cure. Then let the underwriter decide.
Love Smokey Bear's response. Not only an attorney, an English major at that!

 

[AnonApprsr]

"Appraise it with no value to the illegal structure."

That's not how it works. What if the market doesn't care that it's illegal, and the building department isn't going to force its removal?