All Forum Posts by: Britton Cook

I also forgot to mention that our direct neighbors (2 lots) adjacent to the property have single family homes built on their multi family residential zoned lots. Years ago the county was much more lenient and approved their construction in spite of the fact that it's multi family. It seems to me that their issue is not with us, but rather with the county for allowing this mess to take place. All we want to do is use the land for its intended purpose.

I don't understand how CCR's can supercede zoning. I can't legally build a single family home on the property. CCR's declare i am allowed to use the land in accordance with the way it is zoned. Yet the CCR's also say that i can only build a single family residence. Therefore the CCR's contradict itself and conflict with the city zoning. We've got our lawyer looking into it. He's getting back to us on Wednesday.

California. 

We (family) own a piece of land at the beginning of a housing development. At some point the county made changes to their zoning maps and they changed our property to multi family residential from single family (when we bought it, it was zoned multi family). There is already an existing apartment complex basically next door to us, so the change is not necessarily unwarranted. Now, we're planning on building units on the land. 

The neighbors are pissed. They are saying that the building would be in violation of the CC&R's that exist. The CCR's state that an owner is allowed to use his land in accordance with the zoning. However it also states that no owner is allowed to build anything other than a single family residence on the property (thus a contradiction). Obviously the CCR's were written before the zoning changed and didn't take that into account.

So, do the CCR's supercede current zoning? And could the neighbors stop us from building our apartments based on the CCR's?