Legal or Legal Non Conforming

[Brad Ellis]

Ben,

Thanks- that explains it. Sorry it was not clear from your first post, but numerous crews coming and going is a nuisance and I do not blame the neihgbors.

BTW, there are plenty of towns in the Chicago metro area that will give you a busness license to operate an appraisal praqctice out of your home and most others will not bother to hassle you. But, if you had 15 guys/gals coming and going it could get dicey!

Brad

 

[Hal Mann]

I wonder if a pier has more cognitive ability than a post?

Which post?

While unsure about the cognitive abilities of a pier, especially vs a post, I am aware of cases of considerable pier pressure. Just ask Bobby Ojeda about it.

 

[painterinpa]

In a scenario where a residential house is located on a main street through town where the vast majority of properties surrounding it are commercial and it's usage is grandfathered ( legal nonconforming) and per the zoning office it could only be rebuilt if destroyed if a variance was obtained would it's highest and best use defineatively be commercial due to the surrounding properties and obstacles in rebuilding residential?

 

[Blue1]

I would check to make sure the improvements could be re-built on the parcel if destroyed. If so...I would consider it legal and NOT 'grandfathered' or 'legal-non-conforming.' Those designations typically refer to properties that the local planning authority wants to limit by attrition.

 

[painterinpa]

I had called the zoning board and they said the improvements could NOT be rebuilt as residential unless a variance was obtained. Just seems to me that everything would point to the highest and best use being commercial.Due to all of that as wel as the properties on the other three corners of teh intersection being commercial as well as the one behind it.

 

[xm39hnu]

HBU as-vacant may be to develop immediately with the ideal commercial improvement, but HBU as improved may be to continue present residential use as long as the improvements add value to the property. If the value of the vacant commercial tract as commercial land exceeds the value of the improved property less demolition cost, HBU as improved would be to demolish and develop with the ideal improvement. If, however, value as-improved exceeds vacant value as commercial plus demo costs, HBU as improved is to continue present interim use as SFR.

 

[Mike Boyd]

Hello;

Piers may support your platform or floor. Peers are your co-workers.

I agree with your interpretation. If current zoning ordinance has 1.5 acre minimum lot size, a 1 acre lot is non-conforming albeit legal if it was created prior to the current ordinance. Do not be confused with, in this example, 1.5 acre density. Without clarification as you have provided, density could refer to the over-all AVERAGE lot size in a subdivision and might factor in parks, private streets and buffer zones to create that AVERAGE. In that case, it would be legal....period.