[QUOTE=Leather;8226217]
Some townships allow you to be grandfathered in with whatever zoning rules were applicable at the time the property was developed.
For instance, we looked at a house that was built in the '80s and was on just over 5 acres.
The current zoning rules for that size of a property was around 3 horses.
However the seller checked with the town council and the zoning rules in place at the time the property was developed was 9 horses, so they were able to advertise that.[/QUOTE]
While this is true IME it is not retroactive. Most zoning changes effects new construction, future development. Zoning changes that effect existing property uses and or development the owners are given a chance to apply for a variance and or “grandfather” their property under existing zoning. But the opportunity to do this is “time sensitive” with a limited window in which to do this. The fees and paper work must be submitted before the advertised deadline. Once that passes it can be very difficult if not impossible to change it “back” in the future. A property owner would have to seek a “conditional use” variance. Can be time consuming and expensive. All the surrounding property owners will be given a chance to “chime it” on how they feel about things. And their feelings carry a LOT of weight.
Our township upped the minimum acreage for a new single family residence from 5 acres to 25 acres about 10 years ago. There is a 25+ acre undeveloped piece of property across the road from us and next to some property we own also. Behind it is another large horse farm. The owner does not live in our township and was “asleep at the wheel” when the change was proposed, opened for review, commentary and passed with over 88% of township residents voting for it.
If the owner had been paying attention they could have “grandfathered” the 5 acre development right. And we might have been looking at 5 houses at some point in the future. There is no way that the township will grant a variance at this time. At least that is what I was told by our supervisors. None of our neighbors would go for it anyway.