3 ms·

Are you actually able to demolish the house?

by Thaxll 6y ago

lotsofpulp 6y ago
The only reason one wouldn't be able to demolish the house in the US is if it was designated a historical landmark, that I know of. Otherwise, if it's still zoned for a single family home, then the owner of the land has the right to deconstruct and construct a single family home, per the updated building codes and whatnot.
- jeffbee 6y ago
  It doesn't sound like you've ever been to California at all.
  - lotsofpulp 6y ago
    I would like to be educated if there's something I'm missing. Is there a legal maneuver in CA that can prevent people from using their real estate for whatever it's zoned for, excluding frivolous lawsuits?
    - jeffbee 6y ago
      Yes, many jurisdictions in California require city permits for demolition and the process for getting those permits is by no means guaranteed. In my city after you apply for a permit you have to post public notice for 90 days so your nosy neighbors have a chance to go to the "landmarks preservation commission" to argue that your dilapidated shack in which nobody has lived for 50 years is, in fact, a priceless treasure and an irreplaceable piece of the city's identity, an event for which you'll need to hire an expensive land use attorney, a historian, and a forensic architect. Assuming you miraculously get through that part of the process, it certainly is by no means assured that you'd get a permit to build another home because the development standards are written in such a way that "by right" permits don't exist. You need a use permit from the city for everything, and for that you'll need to go through more public hearings at the zoning adjustments board and the design review committee. Meanwhile, you and your lawyers and architects will probably have to appear again before the full city council multiple times because each of the LPC, ZAB, and DRC decisions can be appealed to the full council by anyone, even if they don't live in the city.
      - deleted 6y ago
        [deleted]
      - lotsofpulp 6y ago
        That's sad. The whole use permit thing is confusing: https://www.sccgov.org/sites/dpd/Iwantto/Permits/Pages/UsePermit.aspx https://www.sccgov.org/sites/dpd/Iwantto/Permits/Pages/UsePe... On initial reading, I don't see why land zoned for a house would even need a use permit. But then the linked "more" website (which goes to blob.core.windows.net?) says: >What is a Use Permit? >A Use Permit is a discretionary land use approval which, under certain circumstances, may authorize a use that is not allowed as a matter of right in a particular zoning district. >Is a Use Permit Required? >Each zoning designation has certain uses which are allowed subject to the securing of a Use Permit. These discretionary uses are listed in the Use Table ofArticle 2 of the zoning ordinance. The first answer says use permits are for authorizing something that's not zoned, and the second answer says all uses require securing a use permit, even for the zoned designations? Looks like a lot of local corruption.
        jeffbee 6y ago
        I don't know things about that county, I can only tell you the tactics they use in my city. One of them is at some point the minimum lot size for anything was increased to 5000 sq ft, even though most lots are 4000 or less. This means if you want a new structure on a 4000 sq ft lot, you need a special permit from the city. Another one is setbacks. If most parcels are 40x100 feet, and the city says you need a 15-foot side yard on both sides, then you either need to figure out how to build a house that's only ten feet wide, or you need a special permit.
      - rcpt 6y ago
        Lisa: "But if we did use fire..."
      - JKCalhoun 6y ago
        People get around many of these by simply leaving one room (the garage typically) standing. Not a demolition now. Just renovating (90% of the house).
    - Redoubts 6y ago
      https://www.sfweekly.com/news/why-a-laundromat-might-be-considered-historic/ https://www.sfweekly.com/news/why-a-laundromat-might-be-cons...
      - lotsofpulp 6y ago
        It's unfortunate that such blatant corruption on the local level is allowed to fester. One would hope a court somewhere up the chain in the state would come down the right side.

Are you actually able to demolish the house?

by Thaxll 6y ago

Are you actually able to demolish the house?

The only reason one wouldn't be able to demolish the house in the US is if it was designated a historical landmark, that I know of. Otherwise, if it's still zoned for a single family home, then the owner of the land has the right to deconstruct and construct a single family home, per the updated building codes and whatnot.

jeffbee 6y ago
It doesn't sound like you've ever been to California at all.
- lotsofpulp 6y ago
  I would like to be educated if there's something I'm missing. Is there a legal maneuver in CA that can prevent people from using their real estate for whatever it's zoned for, excluding frivolous lawsuits?
  - jeffbee 6y ago
    Yes, many jurisdictions in California require city permits for demolition and the process for getting those permits is by no means guaranteed. In my city after you apply for a permit you have to post public notice for 90 days so your nosy neighbors have a chance to go to the "landmarks preservation commission" to argue that your dilapidated shack in which nobody has lived for 50 years is, in fact, a priceless treasure and an irreplaceable piece of the city's identity, an event for which you'll need to hire an expensive land use attorney, a historian, and a forensic architect. Assuming you miraculously get through that part of the process, it certainly is by no means assured that you'd get a permit to build another home because the development standards are written in such a way that "by right" permits don't exist. You need a use permit from the city for everything, and for that you'll need to go through more public hearings at the zoning adjustments board and the design review committee. Meanwhile, you and your lawyers and architects will probably have to appear again before the full city council multiple times because each of the LPC, ZAB, and DRC decisions can be appealed to the full council by anyone, even if they don't live in the city.
    - deleted 6y ago
      [deleted]
    - lotsofpulp 6y ago
      That's sad. The whole use permit thing is confusing: https://www.sccgov.org/sites/dpd/Iwantto/Permits/Pages/UsePermit.aspx https://www.sccgov.org/sites/dpd/Iwantto/Permits/Pages/UsePe... On initial reading, I don't see why land zoned for a house would even need a use permit. But then the linked "more" website (which goes to blob.core.windows.net?) says: >What is a Use Permit? >A Use Permit is a discretionary land use approval which, under certain circumstances, may authorize a use that is not allowed as a matter of right in a particular zoning district. >Is a Use Permit Required? >Each zoning designation has certain uses which are allowed subject to the securing of a Use Permit. These discretionary uses are listed in the Use Table ofArticle 2 of the zoning ordinance. The first answer says use permits are for authorizing something that's not zoned, and the second answer says all uses require securing a use permit, even for the zoned designations? Looks like a lot of local corruption.
      - jeffbee 6y ago
        I don't know things about that county, I can only tell you the tactics they use in my city. One of them is at some point the minimum lot size for anything was increased to 5000 sq ft, even though most lots are 4000 or less. This means if you want a new structure on a 4000 sq ft lot, you need a special permit from the city. Another one is setbacks. If most parcels are 40x100 feet, and the city says you need a 15-foot side yard on both sides, then you either need to figure out how to build a house that's only ten feet wide, or you need a special permit.
    - rcpt 6y ago
      Lisa: "But if we did use fire..."
    - JKCalhoun 6y ago
      People get around many of these by simply leaving one room (the garage typically) standing. Not a demolition now. Just renovating (90% of the house).
  - Redoubts 6y ago
    https://www.sfweekly.com/news/why-a-laundromat-might-be-considered-historic/ https://www.sfweekly.com/news/why-a-laundromat-might-be-cons...
    - lotsofpulp 6y ago
      It's unfortunate that such blatant corruption on the local level is allowed to fester. One would hope a court somewhere up the chain in the state would come down the right side.