Help with Zoning / Permitting - North Fort Myers

[Pasquale Zingarella]

I own a quadplex with a huge end unit I am considering converting into 2 smaller units for additional cashflow. 

Bit of background - The property is in a commercial area and I believe at one point in time was a hair salon.

Given this is my first rental and my inexperience I reached out to a couple contractors and one of them told me to start at the permitting and zoning office. My questions for BiggerPockets is:

-What questions should I be asking the zoning and permitting office to make sure this is ok/legal to do?

-Should I expect push back? If so what should I be prepared with to combat?

-Should I expect anything ....unexpected....when going from a 4 unit (residential) to a 5 unit?

Any additional insight would be appreciated!!! - Pasquale

[Matt Devincenzo]

This isn't specific to your area, but generally the answers are likely the same:

-What questions should I be asking the zoning and permitting office to make sure this is ok/legal to do? Does my property support creating a fifth unit based on the density or use category for the property? Zoning is generally structured either as the number of units per parcel or 1 unit per SF of property i.e. 1 unit / 1,000 SF on a 6,000 SF lot would allow a total of 6 units. 

-Should I expect push back? If so what should I be prepared with to combat? It depends on the answer above, if you are zoned for it then probably not. If you are not zoned for it then there really isn't any pushing back....unless you get off into future long range planning, re-zones and land use ammendments ect....and those are generally at the discretion of the decision maker, so they are very regionally specific. BUT it is likely not worth it for 1 more unit as those kinds of things can easily run costs up in the six figure range.

-Should I expect anything ....unexpected....when going from a 4 unit (residential) to a 5 unit? Biggest thing is usually the potential to need to meet certain standards that didn't exist when the original property was built. Locally we used to built 1 parking space per unit, now it is often necessary to have two. So going from a 4 unit to a 5 means adding not one space for the fifth unit, but adding six....two for the new unit, and four for the 'missing' spaces on the remaining four.

You also mentioned commercial...so clarify if a residential use is even allowable in the zone. It may currently be an 'existing non-conforming use' (grandfathered) but any 'intensification of use' i.e. adding units, would not be allowed. To clarify a commercial zoning designation is not the same thing as a five unit building being a 'commercial' building for lending. The commercial designation for zoning means actual commercial or business activity use. In zoning residential means places where people live no matter the number of units....so you have a four unit residential building, and you want to have a five unit residential building, in what may be a commercially zoned parcel. That could be the hard sell. 

There is an off chance there is an allowance for a variance or a waiver for the existing building to add a unit as long as you don't increase the SF. This would be something to ask about but will be completely on the specific city municipal code as far as what is allowed. And this is probably only an option if the answer to your first question is yes the zoning can support residential, if the answer is no then this isn't an option most likely.