“Clients often call to ask if the property they are selling is subject to “new” zoning regulations which were adopted after they bought the property and which regulations would disallow the current use if they were requesting it for the first time. The question is usually phrased in the form of a statement: “my property is‘grandfathered’ and they can’t change it”. For the most part the client who adopts that view is correct. If the use is already established before a zoning change, and the use is lawful under the old zoning, it is a “lawful prior non-conforming use” or in the common idiom “grandfathered” use. That use may continue even under a new owner since it is the status of the land and not ownership which controls. In other words, you can transfer the property to a new owner without losing the right to the existing use. However, the doctrine of prior non-conforming use comes with several caveats. First, the doctrine assumes that the use will gradually come to an end. For example, if you have a factory established in a residential zone, generally you may NOT upgrade the factory in order to continue the use beyond its expected span of life.
Second, you may NOT EXPAND the use by making it larger with greater capacity.
Third, you may NOT change uses and later go back to the non-conforming use. Once ended, the non-conforming use is no longer available to the property owner.
If you are purchasing property where the zoning is important, make sure you consult with local zoning authorities to make sure it is properly zoned. If it turns out to be “grandfathered” property, you need to consult with your attorney to get proper guidance on exactly the limitations you may face with such property.
A “grandfathered” parcel may be a nice fit for your business, etc., but it comes with limitations which affect value, use and most of all your business decision to buy.
If you are selling a “grandfathered” parcel, be sure to disclose the status of the zoning to your buyer to save problems down the road.”
by Gary Schenk Sourced Schenkboncher.com”
What box of Crackerjacks did our Mayor receive her Law Degree from? The garage was “grandfathered in” while it was still standing, but once it was removed, so was its “grandfather” status. The new property owners are now obligated to conform to all current ordinances and set backs!
The so called “facts” of this proposal were grossly misrepresented at the Fromberg Town council on February 8, 2018! The Town of Fromberg’s 10-9-03 Zoning Commission Action implies that more than one person make zoning recommendations. Who died and made the Mayor God? Yes, the Mayor took Mike along to measure (on the Town’s dime I might add), but he’s not even a member of the Zoning Commission! (However, Mike did receive a somewhat questionable zoning variance of his own a while back.) I did go to the store today, but upon checking my receipt I did not buy any of this crap!!
Mrs Miller actions should be filmed, she could make millions as this is proving scarier than a Friday the 13th film flick. It’s not even Halloween and the freak show has started! She advises the council several times on this grandfather clause. Really, does she now think she serves as legal counsel for the town of Fromberg? It leaves me to question her knowledge of our town zoning laws. Let alone does she know what a variance is??? Because not once did she request a variance for this so called construction. Not a public meeting. Her inadequate actions are totally unconscionable of a person that was elected to serve the people. Of course Mrs Miller can afford to be irresponsible, it will be us, the tax payers that will indure the havoc she has so graciously bestowed on us like it was some great favor. Absolutely disgusting, shame on you and unfortunately shame we who voted for you. Although I’m not looking for my degree in stupidity, so I will no longer back or believe another word that comes from your mouth. Actually do me a favor, introduce your upper lip to your lower lip and shut up and think for a change!!
“Liar Liar Pants on Fire.” Doesn’t our new mayor remember the platform on which she ran? How “everyone” was going to follow the ordinances? Apparently this does not apply to her actions, nor the actions of those to whom she chooses to give special privileges. Considering the fact she served on the Zoning Committee prior to being Mayor, she lacks even a rudientary understanding of our Town Zoning Regulations. When you lie to the Community, you show us Disrespect. You assume we are not well enough informed to know the difference. We as a community will not be tolerate your misrepresentation! It is negligent as well as fraudulent. It is presumptuous and conceited for the Mayor to think her actions display the best interests of our Community.
Amazing interpretation of events happening around Fromberg. Where were you people when the election was going on. This is like reading some child’s late book report they cobbled together at the last second hoping to impress the teacher. Shame on you for picking and choosing when to , in your opinion, to be the community watchdog. So many asshat open comments on here. With no point or direction. Sounds like our politicians covering that ass. Misdirection is all this crap is.
Easily accessible, irrefutable factual documentation. Attributed Quotes, Property Record Cards, Warranty Deeds, Quit Claim Deeds, Date Stamped Photographs, Actual Town of Fromberg Video Links, Actual Town of Fromberg Audio Links, Paperwork generated by the Town of Fromberg. The First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Arguments are broken by facts, not willy nilly emotion.
Community watch dogs are of great value! They’re like the whistle blowers you find in corrupt governments. Remember Ralph Nader? Funny thing is, Fromberg continues to find itself with Mayors who value making more back yard deals to trash a neighborhood, than protecting that neighborhood! This is a zoning nightmare and the fact it was even brought to the council is a crime in itself! “Zoned City Resident” seems to be having a hard time comprehending this. In order to to see it from your point of view we would have to stick our head very far up our a**. As to where we were at during the election. We were all taken by Mrs Miller. Her loyalty is controlled by opportunity. The same one who started her narcissistic rein of poor choices before she was even sworn in. But that does’t mean we remain ignorant and silent. You know the saying, “if her lips are moving she is lying”!!!!