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What exactly is a grandfather clause?

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January 10 2009 - Santa Cruz
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Michael is correct most of the time. There are times that the grandfathered in unit can be rebuilt in its entireity if rebuilt on its current building footprint. Here in NJ I know of several towns that allow just that, but it you want to go bigger or further back from the street than you must get a variance to do such Any new construction would still need to meet plumbing, electrical and construction codes but may not need to meet lot or GLA codes.
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November 25 2011
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Intresting an complex !
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November 24 2011
Very simply:

Grandfather = Old.

So, there is a NEW CLAUSE that is a change from what the OLD CLAUSE used to be. Such as a house in 1950 could be built with up to 3 stories on the beachfront. BUT, now the law may be changed so that it only allows a 2 story home to be built. Since the home was built in 1950, it is not subject to the new law (zoning restriction or clause). This would be a case of "grandfather clause." The old home is subject to the old law.
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January 11 2009
When the zoning or site planning for a neighborhood or city changes and the existing use of the property or business is no longer allowed within that zoning area, the property is 'grandfathered' in to allow the property or business to remain.

For instance, if the city of Metropolis changes zoning codes to no longer allowing saloons on Main street, any existing saloons would be allowed to stay, often providing that there isn't a significant change in the property, such as doubling the space or tearing the existing building down and building a new saloon.

The same can be said for a home which may not meet the standards of current construction, but it would be cost prohibitive to rehab the property to meet code. But if there was a fire or disaster that destroys a significant amount of the property, then the home is no longer grandfathered in, and the whole property must be then brought up to current code standards.
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January 10 2009
 
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