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jwg
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Posted: Jun 12th, 2007 11:09 am |
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Jim,
I don't disagree with your points especially on the takings aspect.
However, there are cases of limits being set on how long something can be 'diverted' from it's original use before it's recharacterized. The IRS gives you 3 out 5 years to show a profit or your 'business' reverts to a hobby. Aren't there are some requirements for a 'farm' to actually produce a marketable crop to be considered a farm?
My point is that there may be a case to be made that where a commercial building is not involved in commerce (i.e. persistently unleased), it ceases to be a commercial building. A retail establishment that does not conduct retail trade may cease to be considered 'retail'.
I was just looking to approach the issue from a different angle.
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Jim Flynt
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Posted: Jun 12th, 2007 01:55 pm |
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jwg wrote: My point is that there may be a case to be made that where a commercial building is not involved in commerce (i.e. persistently unleased), it ceases to be a commercial building. A retail establishment that does not conduct retail trade may cease to be considered 'retail'.
jwg, even if we assume that you are/were correct that a vacant building (whether commercial or retail) which remained vacant would revert to some other named category, the fact would remain, that the underlying ground or land, would still retain the zoning classification under which it is presently zoned.
If a retail or commercial building burned completely down or in the extreme, if no building were built on a parcel which was zoned for a retail or commercial district, the underlying ground is still zoned to a retail or commercial zoning district present or absent an existing building, a vacant building or no building.
The IRS rules which you mention, refer to a business enterprise or operation and have no connection to zoning districts or classifications. Rules for farm income can be applied in a determination of whether or not the local property tax office allows an agricultural exemption for lower property taxes for operating (as opposed to 'hobby') farms.
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S. Smith
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Posted: Jun 21st, 2007 03:02 am |
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If I understand the issue here, it's not about the zoning, eminent domain or even about the building being used or not (although I think people would love to see an attractive, vibrant use for this property). Based on wht I'm hearing it is more about the unsightliness of this location. (You guys correct me if I'm misunderstanding the issue.)
Although the old Food Lion side of the building is vacant, Dollar General does occupy the rest of the building. I think things like building soffit falling onto the sidewalk or pieces of it hanging down as if they could fall down on someone are a concern.
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macca
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Posted: Jun 21st, 2007 05:07 am |
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S. Smith wrote:
If I understand the issue here, it's not about the zoning, eminent domain or even about the building being used or not (although I think people would love to see an attractive, vibrant use for this property). Based on wht I'm hearing it is more about the unsightliness of this location. (You guys correct me if I'm misunderstanding the issue.)
Although the old Food Lion side of the building is vacant, Dollar General does occupy the rest of the building. I think things like building soffit falling onto the sidewalk or pieces of it hanging down as if they could fall down on someone are a concern.
Aren't these kinds of things addressed in building codes?!!??
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FatPappy
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Posted: Jun 21st, 2007 11:38 am |
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macca wrote:
Aren't these kinds of things addressed in building codes?!!??
Good question!
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ff12
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Posted: Jun 26th, 2007 02:53 am |
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Harris Teeter
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Jim Flynt
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Posted: Jun 27th, 2007 03:14 am |
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I serendipitously ran into someone a couple of weeks ago who is and has been exploring the possibility of leasing the old Food Lion building to reopen it as a private beach music and shag club. I don't know much more than his expressed interest and that he is pursuing a possible lease and whether the present zoning would allow such a use.
Can you just imagine the Embers live belting out I Love Beach Music. Maybe they could add an outside deck or beer garden out back?
Just think.....you might not have to roll the streets up so early!
Last edited on Jun 27th, 2007 03:24 am by Jim Flynt
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Baseball Buddy
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Posted: Jun 27th, 2007 06:45 pm |
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| I have looked into opening it up as a sports based center for kids of all ages with no luck.
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smileyfaces
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Posted: Jun 27th, 2007 09:46 pm |
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It sure would be nice to have a place to relax with good music without having to go far from home.
Does anyone know about the little place that opened up on 150? It has a sign about beer but haven't had a chance to check it out.
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macca
Member
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Posted: Jun 27th, 2007 11:23 pm |
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| Are you talking about the one at the intersection of Harrell Road and 150, near BigBoyzToys, or whatever it's called?
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A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort. Herm Albright
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smileyfaces
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Posted: Jun 28th, 2007 12:38 am |
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| Yes! I saw a couple of motorcycles parked one afternoon but still couldn't tell what's going on.
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Baseball Buddy
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Posted: Jun 28th, 2007 01:44 am |
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macca wrote: Are you talking about the one at the intersection of Harrell Road and 150, near BigBoyzToys, or whatever it's called?
I have been told that this not a watering hole for the locals even though the beer advertisements are very deceiving.
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macca
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Posted: Jun 28th, 2007 02:45 am |
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| What is it????
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A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort. Herm Albright
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