if a house is destroyed and on a lot that, due to new zoning cannot be rebuilt without a variance what happens

Question

Given: A house in a shore community sits on a 25 by 100 foot lot. zoning changes now require a 3 foot setback on one side and 10 foot on the other. If this house is destroyed for any reason it would require a variance to rebuild as its current footprint is 17 foot wide. can a town refuse to issue a variance in such a circumstance? If they do not, as a practicle matter, no house could be rebuilt. Does this zoning constitute a "taking"? Is ther insurance to cover the complete loss of the full property value in the event a house could not be rebuilt. the land alone is valued at $200,000. Thanks

Answer 1

No I don't believe this would constitute a taking. A taking is more in line with use or destruction of property for the purpose of protecting the public. It can be done through other ways.

With rezoning, you always see "grandfather" clauses that permit existing structures to remain. In theory, they grant a variance from the outset of the new zoning ordnance.

It is not possible to claim this variance if the home is destroyed beyond repair. Once demolished, the new home would not be an existing structure prior to the new zoning.

That said, if the home is destroyed in a hurricane along with everyone else, I wouldn't think the city or zoning authority would refuse to grant the variance. In these situations, it is really bad public policy to not allow people to rebuild what they had.

You should speak to an attorney about this. Someone with a lot of back ground in administrative law and real estate.

Answer 2

You seem to be out of luck. Municipalities don't have to issue variances. Insurance companies owe for the cost of replacing the building.
It seems you now own a piece of land with no value. You should not have to pay real estate taxes.

Answer 3

Lots of questions; but you fail to state the most important information: What your state constitution and statutes and the court's interpretation of them say about the situation. The responses you will get from anyone here are worthless. Nobody here can answer your question because nobody here knows what state you are in.