What is legally meant by grandfathered?
Our neighbors built fences against our city code about 5-10 years ago. The city code changed in 2004, but where the fences are located, they are still against the current code. We are told that they are legal because they are "grandfathered" in. I understand if a new code comes into affect that properties with pre-existing fences are grandfathered, but these fences were against code when they were built and they are still against code now. Are they considered grandfathered just because the code was changed? We aren't trying to have our neighbors fences torn down, we simply want to build our own and we are being told by the city that we can't because it's against the code. Please help with any information.
Answer:
You are right "grandfathered" means that something was pre-existing to the change in ordinance. I don't see how your neighbors could be grandfathered in if their fence was against code prior to the new ordinances. Maybe they just replaced, or refurbished a grandfathered fence. Or maybe they just found a loophole in the prior ordinance, and that is why a new ordinance was required; therefore grandfathering them in.
I'm certain that whatever fence you are trying to build will have to be within current city code when you build it or you will face fines.
If you are trying to justify getting your special fence built by using your neighbors' fence as an example, the most that will happen is that their fence will get torn down.
That's not a good way to mend fences, if you catch my drift.
a law that is grandfathered in...is something like this...
In Hockey...for YEARS.people did NOT use helmets...and over the time the accidents got worse and people got hurt ..each time worse than the prior...
the rule came in that helmets were mandatory from that point FORWARD...but everyone that was IN the league and did NOT WANT to wear the helmet...didn't have to...they were "grandfathered in"...so when they finally leave the league..it phases out those who were not using helmets..NOW...everyone is under the new rule..
Your neighbors fence was grandfathered because there was no challenge under the old law, and it was there before the current law.
sorry I couldn't be more helpful.
Since the code was passed after the fences were built the current law does not apply to them. You could force them to apply the Code that existed at the time. I don't see how that could do anything to help you build a fence, only force your neighbor to take his down.
Once new ordinences are in affect, you must comply. It really doesn't matter what was done before the ordinances took affect, or if the owners some how knew how to get around the sytem, all that matters now is that what you want to build isn't legal. If no one objected to the fences at the time of construction, the only avenue is to file a suit to have them removed, and mostly what that will do is create ememies. If your only objective is to gain an exemption to the current codes, then your neighbors fences aren't the issue at hand. Don't worry about what's been done before, that is no longer a viable arguement. Ask for an exemption to the current codes, with consideration for what has already been constructed in the neighborhood, and make the request respectfully. I would also recommend asking for the assistance of the authority having jurisdiction to aid you in finding the avenue that would gain you permission to construct what you wish.
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