Rezoning in CT from a 2 family to a 3? 3 to 4?

Question

Hey guys how's it going? Long time no see here.  Anyway I haven't given up on my real estate investing but have still been researching more than ever and have slowly worked my way into realizing multi family is a way better long term investment.

So I've been on the lookout for a multi lately mostly in the Manchester CT area and I realize there are obviously way more duplexes for sale than 3/4 family houses.  I do need a place to live so the numbers would be much more favorable to have a 3/4 where I can live in one and rent out the others.

I know it's going to vary from town to town and I'm not even sure maybe I shouldn't just be asking this in the CT forum but how hard is it to say put an apartment above a garage or something along those lines?  If the property meets the zoning requirements per the town rules for that type of property will it generally go pretty smooth? Or will the zoning board fight it tooth and nail?

Edward Schenkel · Answer

This may be a little bit late to respond. I am a real estate attorney and practice in zoning, transactions, and litigation. The answer to your question is that it all depends on the zoning code. Some towns allow such apartments as an accessory use. If it is a "permitted" use then you should not have as much trouble since it is permitted under the zoning code as a permitted use. If it is a permitted use but you need to build it, you likely need to get a site plan approval to show that you meet the other regulations (ex. height and bulk requirements). Often times this can be done administratively.

If it is not a "permitted use" it becomes more complicated. If it is a specially permitted (or excepted) use, you need to go before the P & Z Commission (which holds hearings weekly) and demonstrate that the proposed accessory apartment does not negatively impact public health and safety (as further defined by the regulations). If it is not a permitted or special excepted use, then you need to apply for a variance, in which you need to demonstrate a hardship, which is not easy.

Regards,

Ed Schenkel, Esq.

James Nazario · Answer

I just went through researching something similar where I invested in Waterbury, CT- What I did first was look up the zoning for my property and the corresponding zoning laws at my cities website.

After that, I gathered all information and came up with questions where I then made an appointment to talk to someone in the zoning apartment in person.

From my perspective, that meeting was very valuable and taught me a lot. I will say this, trying to re-zone a property or change it's use can be very difficult to achieve, so I would not purchase anything with the assumption that it is possible or even cost effective.

Good luck!

-James

Jaysen Medhurst · Answer

@Michael Cavicchi, I'm also looking at Manchester for investment properties (grew up there). There are a lot of duplexes, compared to 3-4 families. One resource I've found helpful is the town property look up. It's not perfect, but you can see the zoning/current configuration of each property, owner, when it was purchased, etc..

Remember, any property is "for sale" given the right circumstances. Might be worth the hustle to find an off-market deal.

Good luck. Let us know how it goes.

Remigio M. · Answer

Here are the "biggies" that you should know about.

Converting from 2-3family changes the building code requirements. Current codes require 1hour firerating between units, sprinklers and some other things that make the conversion costly. Unshared egress from each unit. Meaning stairs all the way to the street.

This is before you get into the zoning implications. Assuming the property is zoned for it, usually off-street parking requirements will be a big issue as most cities are not capable of supporting the 1-2 spaces per unit of "off street" parking.

Bottom line is if it isn't already a 3 or 4 family be prepared to invest heavily for the conversion. It's doable if you buy at the right price.

Regarding adding an apartment in abasement or above a garage, most CT cities EXPLICITLY block this in their zoning regulations. They aren't as progressive here as I've seen other parts of the country.

James McCard · Answer

I know in the town I live in a inlaw apartment is allowed - provided you as the owner of the property is living at the property. You cannot rent the house out and then rent the inlaw apartment.

Michael Cavicchi · Answer

Ha I guess the best place to find out then is starting with the zoning board?

Filipe Pereira · Answer

You answered it in your post! It varies from town to town.

Rezoning in CT from a 2 family to a 3? 3 to 4?

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