Zone Change
Here’s one for all the planners out there, and the architects who fancy themselves planners: I’m looking at a property which had a permit approved prior to a downzoning. Seller is insisting that although no work has taken place, the permit is vested under old zoning. I believe it needs a BSA application. Who is…
Here’s one for all the planners out there, and the architects who fancy themselves planners: I’m looking at a property which had a permit approved prior to a downzoning. Seller is insisting that although no work has taken place, the permit is vested under old zoning. I believe it needs a BSA application.
Who is right?
And the vestment is only good for so long, no more than two years, so if it stalled out a while back, you may already be out of time.
You must have a very large percentage (85% + I think) of your foundations installed in order to be vested into the old zoning.
This may depend on exactly the type of work you were looking to do. If it’s a new building or you want to extend an existing building horizontally, you will have to amend your filing to comply with new zoning. If you are enlarging the existing building vertically, you may have a case that you were “vested” but it may be a hard argument to win.
Variances through BSA take 6-12 months min. and $$. Probably not worth it.
In generally 99% of cases where a particular area has been down zoned and you have anything less than a completed foundation in the ground you must start the application process from scratch.
In some rare circumstances you can get a variance.
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spkconstruction.com