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Updated almost 2 years ago,
Improper zoning on Triplex with no legal nonconforming documentation
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!