Applying to change zoning while marketing for sale

[Steven Huang]

Hello all!

Looking for help from those who know zoning regulations in Georgia, specifically in East Point, metro Atlanta

I purchased a multifamily property a few months ago where I found out after buying it that the city had gone and changed the zoning from multifamily to single family a few years. I've stopped rehab work on it since the city won't give permits to finish the interior back to a 5-unit because of the zoning and the work is going to cost a lot more than anticipated so the property is sitting gutted and just a cash drain. I'm looking to sell it for what I can, but since rezoning it back to multifamily so that the current structure is usable could raise the value, is it possible to start a rezoning process while simultaneously marketing a property for sale, or in the case I find an interested buyer, could I sell it to them and then have them pick up with a rezoning attorney where I had left off in the process?

Thanks in advance for reading this post and any advice you guys have!

Steven H.

[Theresa W.]

I realize you're looking for folks with expertise specific to Georgia, which I do not have, but I wanted to offer a suggestion.  In my area, continued use of the multi-family use would make it a legal, non-conforming situation.  That is, if you don't cease to use it as a multi-family, the use would remain legal.  If you cease to use it as the non-conforming use for one year, it reverts to current zoning.  It'll be an uphill battle to rezone it back to something the city/neighbors decided was no longer appropriate. 

Was it being used as multi-family when you bought it? If so, then chase after a legal, non-conforming use letter from the city planning department. If not, then it's likely to stay a SFR. If that's the case, look into whether you could apply for an accessory unit (mother-in-law apartment) as a special use in a SFR zone district. Good luck.