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What do I write for this section? Especially if the property represents a legal, conforming use to all requirements. The zoning is General Urban. I
What do I write for this section? Especially if the property represents a legal, conforming use to all requirements. The zoning is General Urban. I wrote this so far:
It is verified that the subject property complies with the current zoning regulations for permitted use and its current use. Furthermore, it adheres to all stipulated bylaws. Consequently, the subject property is deemed to be completely compliant with the existing bylaws.
Anything I can add?
Residential Property Guided Case Study 1.7 1.8 would inherently take into account the impact of their nonconforming status. Thus, the complication is mitigated or eliminated by the availability of improved comparable sales subject to the same nonconformity characteristic(s). If the conclusion is that the subject represents a legal, nonconforming use, explain how this situation has arisen. Normally, this would be the result of changes in zoning bylaw between the date of construction of the subject building and the bylaw in place as of the effective date of appraisal. Trends and Policies Provide a brief discussion of zoning trends, and any anticipated changes to zoning or land use patterns that may impact the subject property. This information should be available from the local planning department. Comment on the degree of rigour with which the requirements are enforced, i.e., the degree of protection against adverse uses, such as, for example, a retail use in a residen- tial area. Conclusion Provide a brief conclusion to this section. 1.6 Statement as to Conformity Supported by the preceding conformity analysis, clearly state your conclusion as to whether or not the subject property conforms to the land use control requirements. One of two choices is possible: - The subject property represents a legal, conforming use to all requirements, or - The subject property represents a legal, nonconforming use to requirements. In the situation of nonconformity, the area(s) of nonconformity must be further investigated with the planning authorities, and based on comparison to similarly nonconforming properties. Indicate the seriousness of the nonconformity, and impli- cations on the development of the site. Also indicate implications on the permitted redevelopment of the site should the existing improvements be significantly damaged by fire or other disaster. Many municipalities permit redevelopment to the existing level in situations where the nonconformity is minor, or where it has resulted from a change in zoning bylaws over the years. One of the main tests will be the principle of conformity within the subject neighbourhood. Would redevelopment be consistent with neighbour- hood developments? Or, is the neighbourhood in a state of transition and, although the present use is protected as a legal, nonconforming use, would redevelopment have to comply with different criteria? Again, this latter situation should be avoided as the subject of the course. The impact on use, highest and best use, and value of any nonconformity must be addressed in the narrative. At this stage of the application of the appraisal process, it is only necessary to provide a general assessment of the impact of any areas of nonconfor- mity to the use of the subject site, and to the highest and best use analysis. Establish, in general terms, the foundation for the subsequent section on highest and best use where the impact of the area(s) of nonconformity must be analyzed in greater depth in support of the highest and best use conclusion. If the area of nonconformity is significant to the highest and best use of the subject property, it may be necessary to incorporate informa- tion from the market into the highest and best use analysis in support of your conclusion. However, if the subject property represents a legal, nonconforming use in the same manner as do the comparable sales, then the situation could be treated as though all properties conformed, notwithstanding that more stringent requirements would apply if the subject site were to be redeveloped. For example, this situation is often the case for single-family residential comparable sales from the same neighbourhood, all built at the same time under the same original zoning bylaw, now all subject to the same nonconformity due to the impact of the same, current zoning bylaw. Their sale pricesStep by Step Solution
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