Mixed use zoning

[johnjoslin]

Hello
In my city, a residential appraiser can not appraise in a "mixed use zoning" because of the highest and best use as vacant. But on a new twist on this, what if a new planned unit development is built in the mixed use zoning. Can a residential appraiser appraise this?
Thanks for your ideas.

 

[Walter Kirk]

I don't understand how a city can restrict appraisers activity. In my opinion a property located in a mixed use zone can certainly be appraised by a residential appraiser if its highest and best use is residential. If its highest and best use is anything other than residential a residential appraiser may appraise the property under the supervision of a certified general appraiser.

 

[glenn walker]

I have no idea what you are talking about ???- We have many areas in Los Angeles County that are mixed use zoning ? You say in Nevada you-cannot do a mixed use ? I will have to go to your Nevada State Boards Site but typically nation wide that is not correct !!!--UNLESS you have no idea to do a H & B use analyses. If you have no idea "decline the assignment " and be done .

 

[johnjoslin]

What I mean is: there is a USPAP instructor in this city that will file a complaint with the state over a residential appraiser trying to determine highest and best use when the zoning is mixed use. I know of 2 appraisers that had complaints filed against them. The state handed out education for this apparent infraction.

 

[johnjoslin]

Also, mixed use implies commercial possibilities.

 

[George Hatch]

I would ask what the state actually criticized. Because in my state if they find the original complaint was without merit but the report had other problems they don't just ignore those other problems. If state did issue discipline for CR appraiser working on a property with non-res zoning what did the state cite as the violation? Not competently performing or summarizing their HBU analysis (A very common omission in many SFR reports) or did the state decide they were working beyond their scope of practice?

If you have a new unit in a planned unit development then the property rights being appraised are for the one unit, not for the entire project. If it's for the one unit and the project was mapped and permitted as a project then its highly likely that unit is the only type of unit that would be allowed right there, regardless of the generics of the underlying zoning for the project itself. There is usually no alternative HBU as if vacant for a unit that was mapped as a condo, let alone built as a condo.

At the moment I have more questions than answers about this situation.

 

[johnjoslin]

My understanding is appraising outside of license bounds. I actually spoke with this instructor about this and he said "it is against the law" to appraise anything with mixed use zoning because one would have to perform a highest and best use analysis on the vacant land, and since there are commercial possibilities, this would not be allowed. That's what he meant by against the law. I am only speaking about appraising a single unit in this new subdivision, but I turned down the assignment when I saw the zoning. But it occurred to me that I will note PUD zoning if applicable, even if the city zoning will show SFR or multi. I was just wondering if the PUD might override the mixed use zoning. And thanks for your time.

 

[CANative]

The instructor is a phony baloney if he is making a sweeping generalization. There are a lot of "depends" on this one.

OTOH... if you feel like you're in over your head, you probably are and that's a different issue.

 

[Dublin ohio]

Also, mixed use implies commercial possibilities.

Mixed use zoning in my areas is not typically helter skelter. Some mixed use zoned areas have delineated sections for specific uses. If not, each project has to be approved. So if a residential pud is approved in a mixed use area. That is what it can be used for. Cannot be changed without a re submittal and approval. So imho if vacant and approved for residential pud. HBU is residential pud if vacant. Or I could be mixed up.

 

[ramrcdk]

PUD , commercial mix use. For certified appraisers, there are limitations where a "general" appraiser would not. Do you think that what what was meant?