Rodneydunes
Junior Member
]What is the name of your state? Delaware
My question is this. The multifamily building I own has always since the 1940s had parking across the whole front of the building (50 feet). My father in law purchased the building in 1967 and always used the front area as parking as did the original owner. The town was incorporated in 1981 and at that time started the use of requiring parking permits. They then changed the code to say you were only allowed a 20 foot driveway for parking and all the rest is subject to parking permits. We are located in a beach resort town and the whole area is sand. The parking has always been one behind the other for each apartment (4 units total). The town code states that each unit must have two parking spaces in off street parking. Since we are a non conforming building that was originally built too close to the property line since it was not regulated at the time of construction, and because it has the space available in front of the building even though it is on town property that has always been used for parking, would this not be considered a non conforming situation and the parking be grandfathered. It has continuously been used for parking for this building since the 1940s without exception. The only change is the town now insists that we have to buy parking permits to park where we have always parked. Would not this parking be grandfathered and not require permits? The building was remodeled in 2001 when we purchased it but only to the existing structure with siding, windows, etc.
Thank you for your time.
My question is this. The multifamily building I own has always since the 1940s had parking across the whole front of the building (50 feet). My father in law purchased the building in 1967 and always used the front area as parking as did the original owner. The town was incorporated in 1981 and at that time started the use of requiring parking permits. They then changed the code to say you were only allowed a 20 foot driveway for parking and all the rest is subject to parking permits. We are located in a beach resort town and the whole area is sand. The parking has always been one behind the other for each apartment (4 units total). The town code states that each unit must have two parking spaces in off street parking. Since we are a non conforming building that was originally built too close to the property line since it was not regulated at the time of construction, and because it has the space available in front of the building even though it is on town property that has always been used for parking, would this not be considered a non conforming situation and the parking be grandfathered. It has continuously been used for parking for this building since the 1940s without exception. The only change is the town now insists that we have to buy parking permits to park where we have always parked. Would not this parking be grandfathered and not require permits? The building was remodeled in 2001 when we purchased it but only to the existing structure with siding, windows, etc.
Thank you for your time.
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