<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by clairelilly:
We bought a lakefront building lot in VT. in 1979. The seller had subdivided all the lots in the 1950s and grandfathered them from zoning regulations. We want to build a cabin now. Because of topography & size of the lot we can't conform to current setbacks. Do we have to? What does "grandfathered" actually mean, exactly? Thanx in advance.<HR></BLOCKQUOTE>
Grandfathered means that at one time a condition was allowed but today it is not, but the condition is grandfathered and still legal but nonconforming. Example: In 1950 a cabin was built to follow the zoning in place at the time and the zoning allowed you to build right up to the property lines with no yard setbacks whatsoever. Todays zoning requires setbacks, therefore the existing cabin does not conform to todays zoning requirements and still legal but nonconforming. It can not be built the same today.
Apparently the lots do not appear to have a grandfathered zoning approval if you are unable to build what you have planned. You must conform to the current zoning regulations unless you can prove in writing a zoning adjustment or variance allowing the alleged "grandfathered" zoning. Check your purchase contract for any zoning provisions. In any case, the Seller does not grandfather the zoning as it is the jurisdiction of the City/County Zoning Board that would allow any deviation from the current zoning regulations. If in the sales contract the Seller stated that the zoning is grandfathered and specifies what you can build, then you may have a claim against the Seller for misrepresentation.
You should hire an innovative architect that may be able to design a cabin that works on this type of lot with the size, shape and topography that exists.
