Can an Old 3-family be Subject to New Zoning Laws?

Question

Hello all,

I'm currently in the process of purchasing a home through a foreclosure sale. The property appears to be a 3-family and is an all brick, late 1800's construction.

I was wondering - upon completing this transaction, will the city require me to conform to the current zoning requirements for 3-family properties? Some of the newer standards in this city require 3-family properties to have a certain lot size (>3,000sqft), exit signs, and a sprinkler system!!!!

My question to you all is: can the city really require me to retro-fit a sprinkler system on a building that is approximately 150 years old? Lets say the fire escape needs repairing or replacing - wouldn't it be more logical for me to repair/refurbish/replace that system (which was once acceptable) vs. the latter?

PS: There is a fire escape in the back side of the building which is accessible to all three units.

Will Gaston · Answer

@Michael Georgiadis the City can do whatever their laws on the books allow them to do.

My experience has been the best thing to do in this situation is call the City and ask. Tell them everything that you're planning on doing. Ask them what kind of risks could be associated with buying this building. Ask them if they're any unique ordinances surrounding MFH (there are in my market). Just put all your cards on the table and see what they say.

The worst thing to do is here is not be forthright about your intentions because you need to know what the City is going to require if you follow through with those plans.

Michael G. · Answer

Account Closed Well that's exactly right: new constructions are required to have sprinkler systems in the common areas. I also see work was done to include common area emergency lighting and exit signs.

However, doesn't the infamous "grandfathered in" laws apply here?

Account Closed · Answer

@Michael Georgiadis I'm not sure where this property is being purchased... but I've seen in markets that I operate in that cities opt to grandfather some things in but not others. A lot of 3plexes I've come across don't have common areas though. Usually one tenant gets the basement if there is one, but the other units are just configured adjacently to eachother with separate entry and exit per unit.

Example I run into often:

A property that was converted from SFR to duplex without permitting in 1950 was not enforced as a violation of code due to cities needing more housing supply for returning WW2 veterans. In the 2000's the city building dept began enforcing violations against these properties again, even if construction is up to standards, just because they weren't permitted conversions.

However, if a property is too close to the property line in this same city to meet zoning standards, it is considered a "legal nonconforming property". It can be operated, but if it burns down they won't let you build it in the same spot on the lot.

Same rules, different enforcement based on how the city feels, and also depending on the department responsible, and the individuals running these departments play a huge role as well.

Account Closed · Answer

@Michael Georgiadis every city is different! Calling them is the most accurate way to find out, at the mild risk of drawing more attention to the property than you might like. Then again, if you trigger a search and they find red flags, would you have wanted to assume the risk of buying it without their guidance only to get busted in the future?

I don't imagine a 3 residential building would be required to have a sprinkler system or exit signs... maybe in common areas if the building even has common areas (besides a basement). Interesting laws you find around the country, lol.

Will Gaston · Answer

@Michael Georgiadis I have dealt with similar situations many times so I feel your pain.

Can you get in under contract and then have the City come inspect it during your DD period? Can they give you some guidelines in writing on what constitutes a MFH?  This could also be a great question to ask: "Can you help me understand how the decision is made on whether or not a property is considered MFH?"

I can only speak for myself and my experience but I do not buy any type of MFH like that unless I feel 100% confident that I know all of the risk associated with me.

Michael G. · Answer

Will,

I like the suggestion, and it is one that I pursued before committing to this deal; however as you may know, working with the city and the public departments is not always such an easy task. Also, when is one really privileged to all the information or "cards" in life?

To elaborate, I visited every department and attempted to ask this question and many more. The zoning officer actually told me she cannot confirm the 3-family status of the property until she visually inspects it.... (how is that even possible?!). To assure you all (probably more myself) I was able to inspect the property: it looks, feels, and sounds like a three-family, but how can I be sure if the city can't even confirm it!?

I guess what i'm trying to say is - in a perfect world, I could go to the city and find out all the information i need before proceeding. But all i experienced was a run-around and tight deadlines required from the seller.

The question still remains! Has anyone here experienced anything similar to what I'm going to? (referring to the zoning issue, not purchasing a foreclosure while attempting to work with the city.

Can an Old 3-family be Subject to New Zoning Laws?

Most Popular Reply