- Joined
- Mar 30, 2005
- Professional Status
- Certified General Appraiser
- State
- New York
As others have noted, there is more to zoning than current density requirements. There are so many factors that may be applicable it is hard to discuss them all. Most zone codes (all I have seen) have sections pertaining to preexisting, nonconforming uses, and under what circumstances they may be rebuilt. It should also be noted that some zone codes will allow recreating a use after complete destruction of the structure, usually in a limited time frame.
Even then, additional factors not mentioned in the zone code may come into play. For example, some condominium complexes have their own sewage treatment plant. That can have a major influence in the decision of granting a variance even in jurisdictions that normally would not allow recreating the use.
The long and short of it is that one has to understand the zone code pertaining to preexisting uses, as well as understanding the precedence for granting variances, in the particular jurisdiction.
Even then, additional factors not mentioned in the zone code may come into play. For example, some condominium complexes have their own sewage treatment plant. That can have a major influence in the decision of granting a variance even in jurisdictions that normally would not allow recreating the use.
The long and short of it is that one has to understand the zone code pertaining to preexisting uses, as well as understanding the precedence for granting variances, in the particular jurisdiction.