Buying Duplex That Is Zoned as Single/Row home

Member since 2023 · 2 posts · 2 votes

Has anyone bought a property that is zoned as a single family/row home but is actually a duplex? How long did it take to get the property zoned to legally be a duplex/apartment. The property has 2 meters and 2 separate units, next door is identical but zoned as an apartment also a 2 unit property. Would appreciate all insight on this thank you!

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Eric Greenberg

Investor · Philadelphia, PA · Member since 2019 · 618 posts · 430 votes

Thomas,

Ive been through this exact scenario. Just because you have 2 gas/electric meters doesnt mean anything to the city and just because your neighbors next door are duplexes doesnt matter either unless it eventually goes to ZBA and they help vote for you.

Happy to talk in more detail via DM but id first start with Atlas to see what variances if any there are and what licenses there are are active or non-active.

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Sam Horton
Real Estate Agent · MA · Member since 2018 · 167 posts · 57 votes
3y
Hey @Thomas Ryan - Not from Philly so I can't speak to your state specifically but we just finished a transaction similar to this converting a mixed-use building into a 4 family in Mass.

We submitted an application with the ZBA to discuss our plans and address any concerns the board/neighbors had. They approved us but with the condition of an approved permit from the building department for 4 family use. Keep in mind that you may also need to obtain additional permits from the building department to comply with the new zoning designation. For example, we had to put in a commercial-grade sprinkler system in order to comply with the building permit.

The time it takes to complete this process can vary, depending on the complexity of the case and the level of neighborhood support. It can take anywhere from a few months to over a year in my experience.
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Thomas Ryan
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Member since 2023 · 2 posts · 2 votes
3y
Quote from @Sam Horton:

Hey @Thomas Ryan - Not from Philly so I can't speak to your state specifically but we just finished a transaction similar to this converting a mixed-use building into a 4 family in Mass.

We submitted an application with the ZBA to discuss our plans and address any concerns the board/neighbors had. They approved us but with the condition of an approved permit from the building department for 4 family use. Keep in mind that you may also need to obtain additional permits from the building department to comply with the new zoning designation. For example, we had to put in a commercial-grade sprinkler system in order to comply with the building permit.

The time it takes to complete this process can vary, depending on the complexity of the case and the level of neighborhood support. It can take anywhere from a few months to over a year in my experience.

Appreciate your insight on the matter, I think we are going to take it on since it is such a great deal!
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Sam Horton
Real Estate Agent · MA · Member since 2018 · 167 posts · 57 votes
3y
@Thomas Ryan - To be clear we were able to obtain the ZBA approval before we purchased the property. Might be good to make the purchase contingent upon zoning appeals approval if the seller allows for that language. Good luck
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Alan AsriantsBusiness Member
Real Estate Agent · Philadelphia, PA · Member since 2019 · 1k+ posts · 1k+ votes
3y
Hey @Thomas Ryan there are a lot of duplexes/multi families with single family zoning. A lot of my properties are in fact RSA-3 or RSA-5 zoning but are multifamily properties. What you have to make sure when you are buying is that you get a rental license/city certificate showing the allowed use of the property. If the property has an ACTIVE rental license for 2 rental units, it is a legal duplex. If the license is INACTIVE for more than 3 years and in a single family zoning, then the property might require a variance to renew its use.
In short: make sure the property has an active rental license for the amount of units advertised. Obtain a city cert showing the allowed use. I make this a contingency for all mine and my clients properties during contract. Feel free to reach out with any questions.
[email protected]267-767-0111
Alan Asriants - New Century Real Estate 590 Reviews
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Eric Greenberg
Investor · Philadelphia, PA · Member since 2019 · 618 posts · 430 votes
3y
Thomas,
Ive been through this exact scenario. Just because you have 2 gas/electric meters doesnt mean anything to the city and just because your neighbors next door are duplexes doesnt matter either unless it eventually goes to ZBA and they help vote for you.
Happy to talk in more detail via DM but id first start with Atlas to see what variances if any there are and what licenses there are are active or non-active.
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Sheryl Sitman
Rental Property Investor · Philadelphia, PA · Member since 2015 · 476 posts · 360 votes
3y
@Thomas Ryan you definitely want to follow @Eric Greenberg suggestions. In Philly, you can not just leave things like that open and figure it will work out somehow. Some neighborhoods to not want multifamily, L&I is not lenient to owners who claim that they "did not know" and if you can not pull the correct rental license you will eventually have a significant problem. We have a great Philly Landlord FB group called Philadelphia Landlords Connect for more in depth discussions.
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