Legal nonconforming vs Illegal

[sunnycal]

If a property is zoned for single family residential and has been reconstructed and is being used as a 3 unit property, would this qualify as legal nonconforming or illegal use?

Reconstructed? As in unpermitted addition which makes it illegal. Doesn't the test to become a certified residential include the definition for legal non-conforming and illegal?

 

[Mike Kennedy]

However, it appears to me that anything other than legal conforming is presumed to be non-conforming rather than illegal. How does one determine the difference between non-conforming/grandfathered and illegal. There does not appear to be such a concept as retrospective zoning/planning data in any of the jurisdictions where I work.

Assuming municipalities in YOUR local market - HAVE - zoning and building ordinances. ....... then ..........the EXAMPLE below illustrates what YOU should review in your local muni B&Z codes.... (recommend obtaining current one for each muni you cover).....>>


[FONT=TimesNewRoman,Bold]"Authority to Continue Nonconformities: [/FONT]

Any nonconforming building, structure or use which existed lawfully at the time of the adoption of this Ordinance and which remains nonconforming, and any such

building, structure or use which shall become nonconforming upon the adoption of this Ordinance or of any subsequent amendment thereto, may be continued subject to the regulations of this Article "

http://www.dekalbcounty.org/Ords_Policies/Draft/Article8.pdf

--------- legal, non-conforming - LEGAL USE prior to adoption of updated/revised zoning (use) code.

............. illegal - prior to, AS OF, and AFTER adoption of the most current ordinance.

illegal is - as - illegal does.:icon_idea: Either the current use IS compliant with zoning and building ordinances or it is NOT.

​

 

[ZZGAMAZZ]

Kevin: Can you dig deeper to determine how the outcome of the trail affected the MB and appraiser?

 

[CCAAMO]

However, it appears to me that anything other than legal conforming is presumed to be non-conforming rather than illegal. How does one determine the difference between non-conforming/grandfathered and illegal. There does not appear to be such a concept as retrospective zoning/planning data in any of the jurisdictions where I work.

If the improvements which are on the site could not be rebuilt today if the site was vacant, then it is a non-conforming use as the zoning and or building requirements have changed since the improvements were built.

If the improvements were legally built, but the zoining etc. has changed then it is a grandfathered legal non-conforming use.

Illegal use means whatever is there is not permitted to be there. The improvments were built without permits. There are also cases where the zoning was changed from residential to commercial. The home was converted to a commercial use, say offices which conforms to the new commercial zoning. At some point the owner converts the use back to a residential home. It is no longer a legal use or even a grandfathered legal non-conforming use. It now is an illegal use since the use can not revert back to a residential use.

 

[Webbed Feet]

Kevin: Can you dig deeper to determine how the outcome of the trail affected the MB and appraiser?

Sounds like a job for the Lone Rangers pal Tonto!

Webbed.

 

[Webbed Feet]

A legal non- conforming use is one that was in place prior to the adoption of the zoning ordinance or one which was constructed with a zoning varience. An Illegal use is one that violayes the zoning and is not a legal non-conforming use.

I considered playing a violayes in grade school. But I just could not ever pronounce it correctly.

Webbed.

 

[Webbed Feet]

If a property is zoned for single family residential and has been reconstructed and is being used as a 3 unit property, would this qualify as legal nonconforming or illegal use?

Ms. Williams,

We really can't say. As what you have asked qualifies as a question that lacks the information needed to answer it. We take it you were never taught how to call the correct jurisdictional authorities planning and permit departments and ask questions of the appropriate sources regarding your subject properties?

Webbed.