Improper zoning on Triplex with no legal nonconforming documentation

Tampa, Florida
Multi-Family and Apartment Investing
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Improper zoning on Triplex with no legal nonconforming documentation

Robert Deland
Homeowner · Tampa, FL · Member since 2020 · 3 posts · 0 votes

I am under contract for a Triplex in Tampa.  It was built in 1980, and it is zoned RS-50 (single family residential).  This is common in Tampa (and I think in other cities); however it does not have any paperwork saying it is "legal non-conforming".  I talked to city zoning and they said, well we have no paperwork on it, so we would expect a single family property to be there.  They also said that if I owned it and tried to pull any substantial permits they would be denied because the zoning department would require the paperwork to be corrected.  

Has anyone run into this situation?  I think the correct action would be for me to specify that closing is contingent on the current owner providing a letter from city zoning proving legal non-conforming status.  This would involve them doing a "formal decision" with city, which is an administrative process that takes about 60 days.  They could say no and go to the next buyer who might not care, but it seems like a huge risk to take on this undocumented property as a buyer.  Also, there have been un-permitted renovations without either city approval or historic district (hyde park) approval.  

Lastly, the city confirmed that if it burns down I would not be able to rebuild as a triplex and it would need to be a single family home. So, I am wondering how this would be insured, and also how the lender (VA Loan) would approve underwriting.

Thanks for any inputs!


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Kristina Kuba
Tampa, FL · Member since 2021 · 383 posts · 389 votes
3y

@Robert Deland

Many of my investors have purchased non conforming properties in Tampa. Run the risk/reward on it. The nice thing about it is most overlay districts in Tampa allow you to build an ADU accessory dwelling unit in the back. That's the hack. Call the city zoning dept and ask if the parcel is in an ADU eligible zone.

If it burns down or a hurricane crushes it, you lose your triplex and you rebuild as a SFR with an ADU. You go from 3 units to 2 units. Again, make sure you are comfortable with the risk/ reward on it and the numbers would work.

Code enforcement tends to be strict in the urban core of Tampa… pulling the correct permits would be in your best interest. As you pull the permits if the job value hits a certain threshold you lose non confirming status and you have an illegal 3 unit.

Your fastest and most efficient solution right now is to extend the contract with an addendum that the seller must receive a “formal decision” with corrected zoning status thru Accela (Tampa online portal) prior to closing. If your current seller can show that the property was leased consistently and has the lease documents, the city might not ask for the architectural drawings in order to sign off on this property to be rezoned. It is a case by case. This process will take at least 60 days and not more than 90 days.

Lastly, if you are using a real estate agent that invests themselves, they should be educating you on this whole process as this is a common yet solvable situation.

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  • Justin Hammerle
    Realtor · Providence, RI · Member since 2022 · 404 posts · 262 votes
    3y

    Hi Robert I agree, you should request documentation proving that the property is grandfathered in as a 3-fam prior to closing.  If they cant provide, I would kill it.  

    0Reply
  • Matt Devincenzo
    Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    3y

    If this was built in the 80's and the City has no documentation that it was permitted for the conversion to a tri-plex, then this is not 'non-conforming' it is an unpermitted conversion. That means the solution is to de-convert and return the home to the permitted condition of a SFR. I highly doubt that you will ever get the City to agree to anything else.

    It's a very different scenario than SFR built in the 1920s-1950s that were converted before, during and around the time that zoning and building permits were becoming more codified throughout the US. With that scenario the policies were changing around what had always been done, so there's some leniency due to the situation. Here it seems the zoning was most likely in place and someone just converted without worrying about it. So I'd not expect the City to want anything except a SFR in that location.

    2Reply
  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    3y

    Robert,

    I doubt that they will be able to get this approved, especially because its single family residential. They will need architectural drawing etc...other than that, you will most likely need to turn it back into a single family. Its tough out there right now with permitting. Out Tampa Bay region has grown so much over the last two years, that code enforcement and permitting are ramping up the fines.

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  • Robert Deland
    OP
    Homeowner · Tampa, FL · Member since 2020 · 3 posts · 0 votes
    3y

    Thanks for the inputs!  The house was built as a Triplex (was not a conversion), and the land was just an empty lot before 1980.  So there must have been a certificate of occupancy or some kind of approval when it was built...but there is no record of that.  

    0Reply
  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    3y

    Good luck Robert!

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  • Kristina Kuba
    Tampa, FL · Member since 2021 · 383 posts · 389 votes
    3y

    @Robert Deland

    Many of my investors have purchased non conforming properties in Tampa. Run the risk/reward on it. The nice thing about it is most overlay districts in Tampa allow you to build an ADU accessory dwelling unit in the back. That's the hack. Call the city zoning dept and ask if the parcel is in an ADU eligible zone.

    If it burns down or a hurricane crushes it, you lose your triplex and you rebuild as a SFR with an ADU. You go from 3 units to 2 units. Again, make sure you are comfortable with the risk/ reward on it and the numbers would work.

    Code enforcement tends to be strict in the urban core of Tampa… pulling the correct permits would be in your best interest. As you pull the permits if the job value hits a certain threshold you lose non confirming status and you have an illegal 3 unit.

    Your fastest and most efficient solution right now is to extend the contract with an addendum that the seller must receive a “formal decision” with corrected zoning status thru Accela (Tampa online portal) prior to closing. If your current seller can show that the property was leased consistently and has the lease documents, the city might not ask for the architectural drawings in order to sign off on this property to be rezoned. It is a case by case. This process will take at least 60 days and not more than 90 days.

    Lastly, if you are using a real estate agent that invests themselves, they should be educating you on this whole process as this is a common yet solvable situation.

    3Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    3y

    If it bothers you, dont buy it. It's that simple. 

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  • Robert Deland
    OP
    Homeowner · Tampa, FL · Member since 2020 · 3 posts · 0 votes
    3y

    Thank you Kristina for that very informative reply!  Great ideas there.  

    0Reply
  • Stephen Dispensa
    Real Estate Professional · Tampa, FL · Member since 2015 · 176 posts · 252 votes
    3y

    I'm dealing with a similar situation for an investor. Firstly, check the status on the county appraiser's website. If all the units are listed, you shouldn't have any problems getting the non-conforming use registered with zoning. That does not protect you in the case of rezoning however.

    There's a real issue that I see with how the zoning changes were enacted in Tampa, properties that clearly should have been used a buffer zoning between commercial and residential districts (small multifamily is ideal for these spots) were all zoned in the surrounding residential. Worse yet, the 2040 Comprehensive plan often does little to rectify this lack of buffer zoning. 

    Last week I took an initial conference with the Hillsborough Planning Commission and they were very open to my case of amending the future land use for my client which would allow them to rezone and either maintain the nonconforming use or redevelop their site down the road without reverting to a single family home. However, in addition to amending the future land use, you will also need  to rezone the site, two separate processes. It's a bit of work but well worth the investment as it adds value to the site in the future.

    0Reply
  • Jeremy Kloter
    Real Estate Broker · Tampa Bay · Member since 2020 · 43 posts · 25 votes
    3y

    We have run into this, avoid the property since you won't know for sure if it is legal without going through the process which will take a lot of effort and you'd want a sizeable price reduction to go through the effort. It is a pain in the but to do, we ran into this issue on our other primary house that had a MIL suite it used to be zoned multi now SF so we had to go through a long process.

    0Reply
  • Patricia Steiner
    Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    3y

    Bolt!  It's not a legal property.  And, it's not going to be based on current zoning and density. Muncipalities don't grandfather/forgive/help when the dastardly deed has already been done.  Getting it financed or insured will also be dealbreakers because it just isn't what it is zoned to be.  

    Bottom line...what starts out crazy, ends crazier.  

    1Reply
  • Stephen Dispensa
    Real Estate Professional · Tampa, FL · Member since 2015 · 176 posts · 252 votes
    3y

    I would look into the "land use" on the county appraisers website as that will let you know if it's non-conforming use is legal or not.

    0Reply
  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    3y

    @Patricia Steiner

    We have to meet, I love your answers!!

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