Home sale violates local zoning ordinnce

[Theodore Smith]

So, I've got a slightly interesting deal happening and just found out some new information after reading through the township zoning ordinance.

Here are some facts:

-We have a signed buy sell contract dated 12/23

-Or contingency period ended 1/04

-Still waiting on a county septic inspection (separate from other contingencies)

-Cash sale

I will add a photo to help with the explanation, but basically…seller owns three separate lots B, D & E that all share a property line. There is only one primary structure, and it spans lots D & E. Lot B is vacant. Lot B is also a non-conforming lot according to zoning, <25,000 sqft. Our contract is to buy lots D & E. On the contract under the legal description it mentions lots D & E, but no mention of B.

According to the zoning ordinances I was reading it states under the chapter concerning nonconforming lots, structures and uses that…

“Two or more contiguous parcels of property owned by the same person shall be considered as being one parcel if one or more are nonconforming in size and the resulting parcel does not contain two principal buildings.”

This leads me to believe that the property owner can NOT sell ONLY lots D & E, basically because this would then “create” a new nonconforming lot.

I called our realtor and pointed this out and she more or less brushed it off saying it is probably only referring to a single lot for tax purposes. But, the properties are taxed separately. She also thought it would be a good idea for ME to contact the zoning board. While I was planning on doing that, unfortunately they have very limited office hours and are only there 3 hrs on two separate days a week. I won’t be able to contact them by phone until at least Thursday.

So, my questions are

-Am I correct in thinking the seller can’t sell only the 2 lots?

-What become of our current contract if the seller can’t sell only the two lots?

-Since the zoning ordinance requires the lots the viewed as a single lot, does that mean lot B is ALREADY part of the sale?

-Can the zoning administrator “stop” the sale of our current contract?

-If we close on the current contract, can in the future we be fined or loose the property because it was an invalid sale?

There all questions I can’t seem to find answers to and I do plan on possibly contacting a lawyer after speaking with the zoning department.

Thanks for any insight!