Definition of Zoning Compliance?

[hastalavista]

It should be obvious to all why it takes me longer than 2 hours, 15 minutes to write up a report. :laugh:

 

[Terrel L. Shields]

"zoning compliance" cannot be considered to be an objective fact. Compliance is rather a subjective determination which is based upon the perception and interpretation by the city zoning department and city attorney as to what constitutes compliance. The appraiser has made a good faith effort to determine zoning compliance but is not an expert on zoning and the client is advised to seek expert advise if the zoning or building code could be an issue. We have assumed the value will be unaffected unless provided information to the contrary.

Awkward, but the best I could think of.

 

[23Degrees]

Not sure it would have saved the day but certainly better than what they had - nada

 

[Elliott]

OP asked, "What Language?"

Here's what I include. I dunno if it would help avoid a demand letter, but I'm thinking it might not hurt.

"ZONING The appraiser has tried to use the most recently available zoning maps to determine the zoning of the subject property. However, no notification is given to the appraiser when zoning changes. Zoning may be different than that stated and may severely limit the possible use of the property. If a property is a legal non-conforming use, it may not be able to have continued residential use if fully or partially destroyed or vacated for any length of time. Zoning has only been checked as it relates to the highest and best use section of this report and any significant question regarding zoning should be addressed to local zoning or land use officials.

BUILDING CODES The appraiser has not checked for building code violations and the subject property may not conform to current building codes. It is assumed in this report that all buildings meet applicable codes."


I'm sure I stole it from somebody and I wished I could credit it. And there are those who declare it boiler plate. To me, its what I did, and I don't see how I can be responsible for everything in the universe, and the 'users' of reports should know it.

 

[CANative]

Converting the garage was not illegal. What was illegal was not ending up with covered parking... likely because after converting the garage there was no room to build another garage. It's also likely that the appraiser included this additional area (in addition to another addition?) in the gross living area and compared the property to others with similar size living area but by design.

If the property owner had gone through the permitting process the owner would have figured out that he could not convert the garage to living area unless he built a new garage.

Unlike Terrel it is my opinion that it is an appraisers job to understand how this works and what it means. I'm not an expert in writing zoning laws but I can certainly read and interpret what they mean as far as it applies to my scope of practice.

 

[Terrel L. Shields]

Unlike Terrel it is my opinion that it is an appraisers job

I don't think it is a matter of knowing, or should know, what you know, but "plausible deniability" plays a part.... defensive appraising.

 

[Howard Klahr]

In general, a residential use is a legal (permitted by right) use for most of our residential assignments.
So, if the improvement is a functional single-family residence and the zoning allows for such, that use is in compliance with the zoning ordinance.

Denis - I know that you are aware that permitted uses are only a portion of the zoning code and that compliance entails a much greater breath of requirements.

In addition, there is confusion within this thread of building codes and zoning codes. These are separate and distinct regulatory requirements and in many jurisdictions entirely separate departments. Non-permitted additions/modifications are likely violations of the building code but not necessarily violations of zoning. There may also possibly be permitted additions/modifications that do not comply with zoning.

And yes Terrel it is the appraisers responsibility to note the level of research performed in the scope of work for the assignment and if the scope is less than necessary to properly report certain issues then there better be appropriate limiting conditions noted within the report.

 

[23Degrees]

Just a quick followup - I keep thinking this through and if one follows the process outlined in Denis' post #30, something appraisers should be doing anyway, it is increasingly difficult (for me anyway) to imagine language or an attempt at a definition of "zoning compliance" that would have relieved one of liability in this case where "legal" was checked in an "as is" report.

The lack of covered parking due to the conversion is obvious but the unpermitted addition in this case with THIS zoning code or a similar one (that incorporated permit requirements and/or building code compliance) cannot be considered "legal" under the category of "zoning compliance". That is unless one chooses to either be ignorant of or actively ignore that portion of the code or one thinks that the presence of these items would not give cause for expansion of the SOW to include consideration of this. And as has been pointed out it is important to not confuse zoning code and building code but when zoning code mandates permits or building code compliance it seems the well informed can take advantage of that. Probably would have been a lot worse if the areas in question had been included as GLA but I was told they were not.

The lawyer might have been right that the appraiser should have just settled but seems to have been wrong that some crafty definition of "zoning compliance" that attempted to caveat off items as large and obvious as an unpermitted family room addition could have saved them.

Oh well.

Thanks for everyone's input. And if you are reading this "R", I tried on my own and also with the help of this forum and as you can see I still think your council was probably wrong on that point although there are some good examples of language that might fend off lesser issues or work in areas with more lax zoning codes that do not delve into permit requirements. Even in that case the setback issue might have remained a problem as this seems to have been a particularly savvy home owner that you ran into - Sorry that you had this rare piece of bad luck but better fortunes in the future.

 

[ctapraser]

Denis - I know that you are aware that permitted uses are only a portion of the zoning code and that compliance entails a much greater breath of requirements.

In addition, there is confusion within this thread of building codes and zoning codes. These are separate and distinct regulatory requirements and in many jurisdictions entirely separate departments. Non-permitted additions/modifications are likely violations of the building code but not necessarily violations of zoning. There may also possibly be permitted additions/modifications that do not comply with zoning.

And yes Terrel it is the appraisers responsibility to note the level of research performed in the scope of work for the assignment and if the scope is less than necessary to properly report certain issues then there better be appropriate limiting conditions noted within the report.

 

[hastalavista]

Denis - I know that you are aware that permitted uses are only a portion of the zoning code and that compliance entails a much greater breath of requirements.

Yes, I do. I generalized and, as a reuslt, over-simplified the process. There is much more to zoning analysis than what I laid out.

:new_smile-l: