One of the most frequently requested sections of municipal zoning code is the
right to rebuild in the event of casualty to nonconforming structure. What is it, and why is it so important?
The right to rebuild section of the zoning code informs the user if and how a building may be reconstructed in the event of damage or destruction. If a property is purchased that doesn’t conform to all aspects of the current zoning ordinance, for instance, it is grandfathered or legal nonconforming with regard to setback, height, etc., it may not be permissible to rebuild to the pre-casualty state as it must now adhere to current zoning laws. Cited examples include the existence of what was once a 50-foot building may now only be allowed to be 35 feet, or a structure that previously covered 70 percent of the lot is now only permitted to cover 50 percent of the lot. To further dissect the code, it may state that it is permissible to rebuild to the pre-existing footprint if the building is only damaged by 50 percent but not if it is completely destroyed. It is important for both the buyer and the seller to have this information at the time a property is transacting in the event of damage, destruction or reconstruction in the future.
Bock & Clark zoning report
relays the right to rebuild provision as well as information on permitted uses, variances, special conditions, violations, occupancy and conformance, to help better your awareness of both your property’s current condition and its potential improvement or reconstruction.