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Public Restrictions II (California)

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Mortgage and Lending with Nationwide Funding Group

Public Restrictions (continued)

Zoning changes can create non-conforming use, for example, farm land rezoned for residential use. All new structures must conform to the new zoning and be for residential use. Exisiting farms are now non-conforming properties, but MAY continue to operate because a grandfather clause allows an owner to continue to use structures which are now non-conforming with the new zoning laws. If a person wants to use property in a way that is currently prohibited by zoning laws, he or she may petition to rezone the entire area of petition for a variance for the single / individual piece of land. A variance is defined as an allowable difference to the zoning laws for a structure or land use.

Whenever there is a conflict between zoning and deed restrictions , the one with the most restrictions of the two must be followed.

Ki Gray
Austin, TX
Austin Real Estate

Recently it seems alot of people have been getting more worked up over variances being granted or not.  I dont know if you heard about the case 2 weeks ago. 

 http://www.escapesomewhere.com/austinblog/2007/10/man_loses_zoning_case_and_imme.html

 

Oct 16, 2007 09:34 AM