55 year old building with 0 setback

[retire09]

I have discovered a 55 year old building with 0 setback on 3 sides. The building was built prior to any enforced building codes in this area.

The owner is trying to sell the building and I am getting calls asking what the building is allowed to be used for.

The building has been vacant for many years and I suspect the building may have been there before the property lines.

I would like to disallow any use to move back into the building but do not know if that would be legally enforceable.

Is there a code that would clearly apply to a situation like this?

 

[TheCommish]

general the building codes dictate what the walls need to be constructed of and openings allowed or not allowed based on the fire separation distance and/or wall rating.

Zoning est backs may govern setback to lot lines.

questions, when the building was built did it meet the requirements at the time?

if the building has been unused, what t is the proposed use first, and is that use allowed by zoning?

Second under the building codes it most likely will be a change of use and then depending on that the previous use and construction of the building and the proposed new use will have to be upgraded to meet the requirements of the new use

a very broad answer for a very broad question.

I if asked a similar question by a prospective building owner is what do you want to do in the building, as 50 questions is a waste of both of our time.

 

[Ronald Bets]

Do you have an ordinance requiring a minimum of parking space needed?

 

[steveray]

Under the building code it is allowed to remain as is until there is a change of some sort.......you may have a minimum fire or life safety code that may drive upgrades...

 

[retire09]

At the time of original construction in 1959, there were no building or zoning codes enforced in the area.

At the time of original construction the building was compliant with even todays setback requirements for both zoning and building codes.

The code violations were created in 1980 when a subdivision plat was approved which set new property lines around the existing building.

Now the lots have different owners.

 

[ADAguy]

After the fact considerations as to why the plat was allowed, given that a title report should have shown the presence of the building aside; it exists. Local AHJ has the authority to place requirements (variance?) subject to proposed use.

 

[Mr. Inspector]

Have an architect use IBC 312 "compliace alternaive". If it passes issue a C.O. for the same occupancy used before then if they want to change the occupncy, or alteratons have them apply for permit and go from there.

 

[Mr Softy]

I think the actual physical building would be grandfathered in its zoning non-compliance.

the previous use, however, goes away. any re-use of the building would need to be conforming to the zone the building is in.