When is a property grandfathered in regarding a change in the local zoning ordinance?
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When is a property grandfathered in regarding a change in the local zoning ordinance?
I have a vacation rental property in FL. The code enforcement is trying to shut it down citing a very vague law in the city ordnance. I found a FL law that reads that
Asked on October 15, 2019 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It would depend on whether the ordinance's terms--what it means; what it prohibits; the substance of it--was changed last year, or if the "rewriting" was more cosmetic, to clear up some inconsistencies or outdated references. If the same things are restricted new as were restricted pre-June 2011, those restrictions will still stand and are grandfathered in; if the restrictions or substance of the ordinance is new, than it is not grandfathered in.
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