Before you go calling the lender, check the zoning code and how it addresses grandfathered, non-conforming uses. Many times it CAN be rebuilt, to the same footprint, but to new building codes if destroyed. Most people don't read far enough into the zoning code to find out what's really going on.
Jim - learn the difference between a legal-nonconforming use and a grandfathered use and an illegal use - you're using the terms interchangeably and they aren't interchangeable. The zoning code will often have definitions, in later sections.
You presume too much.
What are you basing this assumption on? Why wouldn't they be able to get permits for repair if it is a legal use? Your answers should be in the zoning code, and you should be referring to that instead of what some city clerk says - and if they say anything, they should be able to cite what portion of the zoning code that they are referring to.
It is VERY common in my market for illegal uses, even those that are pre-existing, to be denied permits. Each code is different. One county I do says as long as repair/renovation costs are less than 25% of the assessed building value they can be pulled; another says no repairs requiring permits are allowed; while another says 50% of building value. Hardship clauses are highly restrictive but are in each code. What he said was not out of the ordinary for me and I simply answered the question in a pragmatic way.
Do your homework folks, and learn how to read the code. Don't just read one section and think you're done.
Contrary to your assumptions, I know my codes and have read all pertinant parts for my job in each area I cover. That is no small task. Not to mention, the matrix for Future Land Uses and zoning in my counties that confound everyone. The best thing one can do is either cut and paste and the let the client figure it out for themselve, or get a quote from the zoning officer in writing and include it with the file. But whatever I do, I am not going to interpret anything in the code myself. That is just plain stupid. I'd prefer an appraiser call the town and provide the name and number and a direct quote from the Desk Jockey they spoke with, then have them interpret the code as they see it.
If you make as many assumptions in your reports as you do your posts, I... well... nevermind, I do the same thing, though my assumptions concerning the posts tend to favor the writer. :laugh:
