What is considered “Grandfathered” with the ARB?

The goal of property development in Palmetto Dunes is – and has been – to achieve a visually pleasing blend of natural beauty and man-made improvements. The Architectural Review Board (ARB) plays a critical role in upholding the community’s architectural guidelines and ensuring the aesthetics of the community.

Defining a Grandfathered Property
When we discuss a property being “grandfathered,” we’re referring to a particular aspect of a property, often one that doesn’t comply with current codes or regulations, that has been legally accepted because it existed before the new rules were implemented. It could be a home that exceeds the building setback lines, a pool that extends beyond the pool setback lines, or a structure that violates the height restrictions. However, if the building or structure was approved by the then-acting ARB and constructed in accordance with the guidelines established at that time, or if it was granted a variance through a variance process, it is considered “grandfathered.” This means it is allowed to remain in its current state, and the ARB will not require it to be demolished or rebuilt to meet current standards.

When it comes to grandfathered property, the ARB respects and honors the decisions made by previous boards. If a structure was deemed compliant when it was built, it will be recognized as “grandfathered” and won’t be subject to demolition or reconstruction.

Examples of a Grandfathered Property
The concept of grandfathering also applies to things that were once permitted but are now considered non-compliant. For instance, fences are not permitted now but if a homeowner received approval to install a fence many years ago, the fence would be considered grandfathered. The ARB would not require the fence to be taken down based on to. However, if the fence were to be demolished or destroyed, intentionally or by an act of God, it would not be allowed to be rebuilt, rendering the variance null and void.

Limitations of Grandfathered Property
It’s important to understand that “grandfathered” applies only to buildings or structures. The following are some examples of items that would not be grandfathered: a property with exposed equipment outside a service yard, lack of foundation plants around sides of the home, or a lack of screening around a pool to prevent visibility from common areas and neighboring properties.

If you have any questions concerning grandfathered property or any other ARB questions, please contact Monica Stites, Community Standards Manager, at 843-785-1109 or at [email protected].