Nonconforming Uses, Again

[Inspector 102]

In this community, there a numerous structures that fall into a legal nonconforming status since the underlaying zoning is commerical, yet the actual use of the structure is residential. Apparently mortgage companies do not like this because there is no guarentee that the residential use could be rebuilt if destroyed. Does anyone have a way the these issues are addressed to grant a 100% statement that the structure could be rebuilt to protect the mortgage issues? We are reviewing rezoning certian areas of the community to reflect the current use, but it will not cover all areas. Looking for some procedure to accomplish compliance without "spot zoning" being thrown up all the time. Thanks.

 

[lunatick]

In this community, there a numerous structures that fall into a legal nonconforming status since the underlaying zoning is commerical, yet the actual use of the structure is residential. Apparently mortgage companies do not like this because there is no guarentee that the residential use could be rebuilt if destroyed. Does anyone have a way the these issues are addressed to grant a 100% statement that the structure could be rebuilt to protect the mortgage issues? We are reviewing rezoning certian areas of the community to reflect the current use, but it will not cover all areas. Looking for some procedure to accomplish compliance without "spot zoning" being thrown up all the time. Thanks.

Change or Amend the zoning language would accomplish this.

Perhaps enabling the owner to rebuild and maintain conformity. Allowing property to also be resold, provided the structure remains, and thus continuation of the nonconformity. and a Special Provision that allows the underwriter to assume rights to resell property for purposes of rebuilding in the event structure/owner is lost to an event.

 

[mtlogcabin]

This is our language which will allow a non-comforming structure or use to be re-built or re-established.

27.23.060: Reconstruction.

(1) A nonconforming building, structure or use upon the land having been wholly or partially damaged or destroyed by fire or other calamity may be reconstructed, provided that:

(a) The process of reconstruction is commenced within 180 days of the date of destruction.

(b) Any reconstruction must be completed without unreasonable delay.

© This provision shall not exempt the structure or use from other applicable regulations nor does it allow the replacement of structures or uses that were willfully demolished, destroyed, or removed.

(2) If reconstruction has not commenced within 180 days, the property, building and structure or use upon the land shall not thereafter be occupied, except by a use which is permitted in the district in which it is located.