How to Find When My Property Was Converted to a Multi-Family?

Question

Haven't heard, read, or ran into this before. I purchased a house that was listed as a triplex on the auditor's site. It has three separate meters and looks as if it was done properly. When I went to get the city ran electric turned on in my name, the city ran electric company only turn on the electricity for one unit. They said that the area where the house is, has not been zoned for a triplex since 1990. They stated that I need to show proof that the house was converted before 1990 to be able to use it as a triplex.

How do I show when it was converted?

How do I find who owned the house prior to 1990? It is not listed on the auditor's site.

Any other suggestions for dealing with this issue?

Do I have a legal case here to go against the city with?

Gregg Camp · Answer

The county assessors office job is to note the improvements and tax accordingly. You can often go there and get photos that they take periodically. Also the building department usually needs to approve any permits such as an electrical permit for meters so if it changed from 1 to 3 they would usually need to sign off on the permit before an electrical utility would hook it up. I'd check those two sources first. You can check with a land use planner who usually can do this sort of investigation as well for a fee but the first two things shouldn't cost more than a few bucks for copies of permits or what the assessor's office has for their records. If it was done prior to 1990 it would generally be called legal non conforming. Doesn't mean it isn't legal, just doesn't conform to todays zoning changes.

Gerald Beck · Answer

Thank you @Frank Chin for sharing your past experience. Any suggestions for finding a local expeditor. The property is in Galion, Ohio. I am not sure if this is too small of an area to have expeditors, but my searching has led me to multiple Ohio companies, with the closest being 1.5 hours away in Cleveland. Is it still worth looking into this company with them not knowing the politics in the area or go a different route?

Frank Chin · Answer

The answer is YES, it's called granting a variance, and is common but hard to get because it often gets into a political mess. Where I am, a two-family residential zone, building a new church require a variance. My wife majored in urban planning, and worked for a city planning department, which in most political jurisdictions include zoning. Issues that go into these decisions includes whether the area has adequate power grid, enough water and sewer services, parking, traffic issues, capacity of schools. These issues are often bought up in opposition to granting zoning variances. I had run into these problems and employed the use of "expeditors" who are often architects by trade, but not a requirement, and would help if they know local zoning officials who has their own unwritten rules unavailable to the public. It was many years that I used them, but they charged $150 to do a walk through back then and go into building codes as well as zoning issues. I had a legal duplex with an illegal basement third unit. Because the building codes are different for a triplex to a duplex, requiring sprinklers, fire escapes, concrete enclosed furnace rooms, etc. legally converting the building to a triplex is a no-no financially. The bigger issue for me was an order to demolish the unit completely which I used for a business office and storage. They would require me to demolish, file plans, get it approved, and build it again from scratch as a business office, and 20 years ago would cost me in excess of $35K. Why? It's to punish landlords from building illegal units and profiting from them. My expeditor met with the assistant building commissioner, a friend of his, and had the order reversed. The reason given, I bought the building at an auction, never rented it out, therefore never profited, and saved the building from falling into disrepair, thus benefiting the community. A decision was reached where I only had to file plans for what I have, take out the bathtub and kitchen appliances, which cost me $6K including expeditor fees and drafting plans. It was done with my expeditor taking his friend to lunch. Find out what the "as of right zoning" for the property and if the former zoning can be grandfathered. A neighbor of mine, who had a duplex with the illegal addition cited, and his legal 2BR/1ba unit connected to the illegal 1BR/1ba unit, combined, so his duplex now consists of a 3BR/2Ba unit, in addition to original 3BR/2ba owner unit and doing very well. In your case, I would try to find an expeditor familiar with local zoning, building codes, as well as the politics of the area. There should be a path through the confusing zoning, building codes, and political process to get it done. This process goes beyond a land-use person. Google for an "expeditor" in your area.

Gregg Camp · Answer

This is where I'd contact your realtor and ask for a few names for land use planners. They deal with these sorts of issues and know what questions to ask and who to ask at the building and planning departments. May cost a little bit of money, but you will know what your options are.The assessor's office doesn't authorize anything. They note changes and tax accordingly. The planning and zoning board will have records of areas zoning changes. The building department will have records of permits pulled for work at that address.

Gregg Camp · Answer

The county assessors office job is to note the improvements and tax accordingly. You can often go there and get photos that they take periodically. Also the building department usually needs to approve any permits such as an electrical permit for meters so if it changed from 1 to 3 they would usually need to sign off on the permit before an electrical utility would hook it up. I'd check those two sources first. You can check with a land use planner who usually can do this sort of investigation as well for a fee but the first two things shouldn't cost more than a few bucks for copies of permits or what the assessor's office has for their records. If it was done prior to 1990 it would generally be called legal non conforming. Doesn't mean it isn't legal, just doesn't conform to todays zoning changes.

Gregg Camp · Answer

Check BP Agents who work that area of Ohio and ask them for some names for land use planners. Otherwise call agents who have a listing in the area and ask for such. Whether you call it an expeditor as Frank does or a land use planner the job will be the same to dig in and engage to see what the history was. I'd guess as you mentioned that the utility company has to have a permit to add meters. Somewhere maybe you can catch a utility worker guy on the street and ask that utility worker whom to contact at the office or ask them to come check on your unit and tell them your problem. Tell him that you may need to reduce the number and see if they have any resources as you'd be calling as a customer.

Gerald Beck · Answer

Just to update. I talked with a land-use planner. Due to conflicts she could not take me on but did give some advice. My best chance is the utility company getting back to me about when the 3 units were first billed with separate meters. This has been troublesome due to the city utility company not actually getting back with me so far. If it ends up being an illegal-non conforming then I plan on appealing at a board meeting. Not sure my argument will stand a chance but rentals are badly needed in this area and it has been used as an illegal non-conforming triplex in the past. If this doesn't work then I plan on arguing it being a legal non-conforming duplex, keep the 3 units, but just combine the utilities for two of the units. My last resort would be if the house was zoned as a single-family. I would combine them all on one meter, keep the three units, and put utilities in my name. From what I am told, this option depends on what defines a single-family in my area and how many non-related people can live in a house together. Has anyone heard of the board of appeals in a city going against the zoning law or allowing special permission for a particular use? Is this common?

Gerald Beck · Answer

Thank you for the suggestions, Gregg! I called the county assessor and have the following information: -From the county assessor I found: earliest documentation of 3 units was 1998 and the earliest record of zoning of this property as a triplex was 1999 (this was on the property card) -Problem: Official zoning in of that area of the city in 1998 only allowed for a duplex, even though the auditor's site has the property listed as a triplex, and the property was used as a triplex.-I have not heard back about the permit yet. If I can't find that the house was converted pre-1990 so that it is legal non-conforming, do I have a leg to stand on? I mean the city did allow its use for a long time as a triplex. That is even with city-controlled water meters. Can an illegal non-conforming triplex become a legal non-conforming duplex? Or since I would be removing a unit is it no longer "grand fathered" in?