Could The Subject Be Rebuilt On Same Foundation/footprint If Destroyed?

[CANative]

Study your zoning. Most (or many) Counties have rules regarding non conforming structures.

 

[Tim The Enchanter]

Copy and paste several pages of legalese that includes what is relevant.
Tell them ther yoyo rule is in effect.
You're On Your Own.

 

[jay trotta]

Study your zoning. Most (or many) Counties have rules regarding non conforming structures.

View attachment 30021

1. I believe all Zoning begins at the State Level and I agree with CAN also, the municipality adds it's own tid bits; the Risk begins with Fire Insurance and to the best of my knowledge I have yet to see that slide by any Lender.
2nd. Municipal Zoning can change at any time and their notification is a "30 Day Notice" in the local Newspaper, if the Client doesn't subscribe Nationwide, they are failing in their Due Diligence to their stake holders.
3. Has the Client provided you with a copy of the HO Insurance package ? Does Zoning matter ? If they can't rebuild, they get all the Loot and the homeowner is SOL.

Ever wonder what magical person came up with that Question, probably that rascal who couldn't get the bedpan off their own arse.

 

[Doug in NC]

My course of action of putting it back on the lender to get their own answer seems to have sufficed. I just find it galling that they sought a guarantee from the appraiser, who has no authority to grant such a guarantee.

 

[DJBanas]

In my area more of the townships are telling me that they cannot disclose this information unless I file a request for public information. This started about 2 years ago and is spreading in the area. There is always a fee, between $25 and $75 currently, and the TAT is 7-21 business days. I can request an expedited letter but the charge is exorbitant, $200 in 1 township. I turn it back to the lenders.

 

[miktay]

Yes, and I never do.

Tell them you can submit a request to the zoning department....that should take 4-6 weeks if they want to wait.

Great answer!
If asked again, this is how I will reply.

 

[norapp]

Is this really a question that should be asked of an appraiser? Seems like a question for the permits department. Damn, it's one thing to address whether the property meets basic requirements of the zoning, but to ask the appraiser for a blanket statement on whether or not a house could be rebuilt if destroyed seems a real stretch. Ultimately, it seems to me this is an attempt by the lender to shift liability to the appraiser's E&O if there ever is a catastrophic destruction of the house (ie. a hurricane) Have any of you other appraisers ever been asked to provide this certification in your appraisal report?

A statement is needed on every legal non conforming property. Now I call zoning departments for every job where I find the lot size is less than minimum building lot. Much of this info is online but if I'm not sure I call the town. I would estimate 50% of my legal non conforming work requires this call. I've been doing this since I started appraising 20 years ago. That said, I worked on Long Island for 15 of those years and had zoning maps for every township. Had to pay for them because calling town zoning depts. was out of the question. They would tell me to submit my request in writing and they wouldl get back to me in a few weeks. Now I work in upstate NY and I've never had trouble getting info within a few days.

 

[Terrel L. Shields]

unless I file a request for public information.

In my state they cannot charge you more than the cost of printing ... research time is not allowed to be added. A few courthouses object but usually an FOIA request is at a quarter to fifty cents a page. But many of our towns, even small ones, have the entire zoning laws and maps on line and downloadable.
http://www.siloamsprings.com/DocumentCenter/Home/View/1618

 

[utahbrad]

It's a simple zoning question. Call zoning, get an answer (or not) and report your findings.

 

[CANative]

It's a simple zoning question. Call zoning, get an answer (or not) and report your findings.

No. I disagree. There are many issues that may be relevant. Much of it depends on the nature of the non conformity. Not a simple issue at all.