SFH rezoned as Duplex or Non-Conforming in South Side Flats

SFH rezoned as Duplex or Non-Conforming in South Side Flats

Member since 2020 · 13 posts · 6 votes

Hello all- Appreciate some guidance if possible-My Brother and I are looking to purchase a property that currently operates with 2 units- The building is considered a SFH though and the current owner pays utilities. We found that the building we are interested in is not zoned for multiple units, though the current owners have been operating it like this for 13 plus years. We want to be above board for a number of reasons, not least of which are the potential liability if the building is not coded correctly.

We are getting resistance from all directions including some of the realtors on our team. The current owners won't provide a cert of occupancy. I am trying to understand how laborious the process for securing a legal non-conforming status for the property would be in this area. And what the potential of successfully doing this would be. I have called the zoning and the licensing board but have received confusing and non conclusive information. We are asking for a reduction in the offer price due to this in anticipation of the headache of the situation and the potential of it not working as a rental in the way we imagined.

I am getting the message that I am worrying about something that I shouldn't. That the government turns a blind eye.

Does anyone have experience trying to do this in the Southside recently? I have searched posts but haven't found anything conclusive. Thanks in advance again-

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  • New to Real Estate · Pittsburgh, PA · Member since 2020 · 38 posts · 38 votes
    5y

    This sounds like a case where the agent is looking out more for their commission than your best interest. You want to watch out for this. Paragraph 28 of the PAR's purchase agreement says that once the due diligence period is over, and the transaction is done, you indemnify all other involved in the transaction because you accepted the condition of the property. That includes the zoning. 

    Check the Dept. of City Planning's website and do a search for Cert. of Occupancy and Zoning. Call them just to be sure. You can find general info about Cert. of Occupancy here

  • Member since 2020 · 13 posts · 6 votes
    5y

    Thanks Taylor- We have called and found the zoning is for a single family- I am being told that it is possible to get the property listed as a non conforming property -  But I am skeptical about the process and how likely it would be to actually happen. 

    The purchase makes sense only if we can have 2 units being rented. I am about to walk away from the deal but wanted to see if anyone had experience working with this type of situation in the Southside flats area?

  • New to Real Estate · Pittsburgh, PA · Member since 2020 · 38 posts · 38 votes
    5y
    Originally posted by @Michelle Tucker:

    Thanks Taylor- We have called and found the zoning is for a single family- I am being told that it is possible to get the property listed as a non conforming property -  But I am skeptical about the process and how likely it would be to actually happen. 

    The purchase makes sense only if we can have 2 units being rented. I am about to walk away from the deal but wanted to see if anyone had experience working with this type of situation in the Southside flats area?

    From what I’ve seen, Southside Flats is really good for multi-family use so if it’s not too cumbersome I would do it. I would just call or look up the process it will take to get that occupancy permit.

    From what I know, the process may take more than 30 days. In that case, I would tell the seller to acquire the proper occupancy permit, and then come back to you for a sale. Frankly, this is something that they should’ve taken care of before they put it on the market and the agent should’ve let them know that. I really don’t think any buyer worth their salt would take that property. Even the more flexible cash buyers probably wouldn’t take it because zoning is something that ties up construction, renovation, and a lot more.

  • Member since 2020 · 13 posts · 6 votes
    5y

    Thanks again Taylor- Been trying to get the sellers to acknowledge the issue- but they seem to feel that they operated under the radar for 13 years.. so why wouldn't we- Will keep trying to get more information from the city- not easy! 

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