zoning: 1 dwelling unit/ 10 acres; what happens if your parcel is under 10 acres? (documentation, property)

[911cedric]

Hello all,

i'm a bit confused by the zoning definition of density.

I'm looking at a parcel zoned R-C-10 (Rural coastal 1 dwelling unit / 10 acres)
but only about 7 acres.

Does it mean it is impossible to build anything or does it mean it is allowed to build only 1 dwelling unit
per lot UP to 20 acres?

I couldn't find any satisfactory answer in the county documentation

thanks for your inputs

Cheers

[North Beach Person]

Which state?

What's the density designation (which may be different than R-10)? It may be designated R-10 but have an overriding designation which allows smaller lot sizes if other criteria are met.

Coastal regulations are going to vary between states and even counties.

Did you ask anyone at the office or just go through regulations? Critical Area (what it's called in Maryland) regulations are incredibly complex and tend to run thousands of pages.

[MidValleyDad]

Is there a process in place to get variances such as a Board of Appeals? If so what is the process to get a variance and what has been the history of the granting of variances?

Or is it a measure that was put in to stop development along the coast.

When you are talking to the County (or other regulating authorities) Do not expect to get definite yes or no answers if there is a process to get variances. Any time there is an application process for variances or special exceptions the staff can only explain the process and provide historical records. They will use phrases like 'each appeal has to be judged on its own merits'.

How long has the area had that zoning? When was the lot platted (before or after the zoning went into effect) Who has it for sale? Have there been previous attempts to get a house permitted on the site?

[Hemlock140]

It means you cannot build on it, unless you can manage to get a variance. One way to build is to buy a portion of a neighboring lot that is over 10 acres, but otherwise it would be up to the county to approve a variance and chances are the seller would have done that if it were possible. Buying it then seeking a variance is very risky. If denied, you are stuck with a worthless lot.

[911cedric]

My project is in Los Angeles county
I haven't asked the county directly yet. Will give them a call today, but they are hard to reach.

I can only read R-C-10 as zoning and RL 10 as land use policy (Rural land 1DU/ 10 ac) adopted 11/25/1980
however many houses have been built around on smaller parcels

yes indeed, there is a process to obtain zoning variance; it is lengthy and complex since you need to put together a complete project file with engineering plans, architectural plans, environmental assessments, etc and have it reviewed by your local certified neighborhood council


https://www.municode.com/library/ca/...E_22.44.1150VA

[jackmichigan]

Typically, when there is a lot in existence at the time of zoning enactment, it is permissible to build on that lot even if it doesn't meet the new zoning requirements--it is "grandfathered" in. At least that would be the norm around here. It's best just to check with the local zoning officials.

[North Beach Person]

I totally forgot about grandfathering.

That's an awfully old land use policy with all the new technology and updates that have been developed over the last 35 years.

A quick example:

In 1980 it was common to armor eroding shoreline with stone seawalls (prior to that it was wooden sheet piling). Today the new hot lick in protecting shoreline are low profile breakwaters, backfilling out to a predetermined line and then planting with native shoreline planting.

It's called a Living Shoreline. We just finished one here and when we had coastal flooding a couple weeks ago the new plantings held (we lost about 100 out of 70K) and we lost no more of the protected shore. Had it not been there we would have likely had between 50 and 100 liner feet of landward erosion.

[MidValleyDad]

Originally Posted by jackmichigan

Typically, when there is a lot in existence at the time of zoning enactment, it is permissible to build on that lot even if it doesn't meet the new zoning requirements--it is "grandfathered" in. At least that would be the norm around here. It's best just to check with the local zoning officials.

At least in our town it still requires a variance through the Board of Appeals to build on a lot that doesn't meet current code. The fact that the lot is not in conformance because the law was changed after the lot was platted out weighs very heavily in favor of the variance.

Grandfathering comes into play when there is a use that is happening on a property was taking place when a new zoning or law takes effect. It usually requires 'continuous use' to remain in effect.

But laws vary in different jurisdictions and as Our Zoning Administrator says at the end of his staff report to the BOA in each case after he recommends approval or disapproval of a variance or special exception "Every case is unique and must be considered on its merits"

[oldtrader]

A variance may or may not be required. If the lot was broken off at 7 acres legally, some jurisdictions will allow it to be built on with or without a variance.

However a variance would be required to break off a lot less than 10 acres at this time.

The simple solution is to go down to the county and find out what is needed, and if it can be built on or not built on without a variance. Trying to figure if it needs a variance or if can even be built on without first going to the county and asking them what can be done is foolish.

And yes if it was legal to be built on when it was broken off, the county will often grandfather in that right as it is probably not possible to enlarge the lot today. Been there done that numerous times in many years in real estate brokerage.