Is it a legal Triplex?

Question

My wife and I are in the middle of purchasing our first "triplex". Including the air quotes because zoning hasn't given their final blessing that it's legally conforming. The property was constructed in 1880. It has 2 units in one structure and a cottage in the back. Unfortunately due to COVID, zoning can't provide an update until 40 - 60 business days, and our our closing date is 30 days from now.

The Deed, Field Card, and Taxes show the property listed as a 3 family. Our attorney is saying that the Certificate of Zoning Compliance has the final word.

Any advice on how to expedite the process? Will the appraiser pull permits to check if the cottage counts as a legal detached unit?

Evan Polaski · Answer

@Christian Valencia, someone may be able to help with the "how to expedite" question if you let us know which locality this property is located.

That being said, most jurisdictions allow for legal, non-confirming, if everything was in place before current zoning was enacted.  The issue is your local zoning department is the one that will let you know that.  Knowing when work was last done on the property with permits could help give you some comfort.  Depending on the work, I have had to go through zoning first to get plans approved for building permits.  If there was a recent permit pulled, the prior owners may have had to go through that process as well and gotten blessing from zoning.  But again, City of Cincinnati process may be vastly different than where you are located.

In my experience, in Cincinnati, OH appraisers do not pull permits or look at anything other than current condition of the property and pull comps from the MLS to support value.  You might have an appraiser who worked in construction or zoning in the past and be interested in that, and might do it, but I would not expect them to.  Even title will likely not uncover any zoning related issues.