Zoning Question

[Herlando Y.]

Hello,

This is my first post, so I apologize in advance if there is any missing in for or mis-format.

I found a house/commercial building that is more suitable as a multi 3-4 units. House was grandfathered in as commercial, but currently sitting in a SFR zoning area. It has been vacant for 2 years and the owner is having a tough time unloading it.

Asking: 287,000

Repair: est 25,000-40,000

Tax: 15,000

Ins: 2000-3000

Township currently is low on funds and aggressively increasing property tax. Is it worth it to try to get it rezoned or if I can even do that? Should I just call the township and ask?

Thanks.

[Bill Gulley]

What you want is to take the use of the property to a higher restriction, SFD is a higher restriction than commercial, 3-4 units is still a SFD, it is not multi-family which begins at 5 units. 

I'm not sure I'd want to change zoning, the variance you have can be more valuable and I might suggest you look at a small mixed use, say an office or barber shop or something and living quarters. Depends on what the highest and best use is.

Generally, you can have a higher restrictive use in a lower zoning classification, meaning you could build a house on a commercially zoned area, since the house is a higher restricted use. It's the revers that you can't do, put a lower restricted use in a higher restricted zoning area, like putting an office in a housing area. 

SFD is the highest restriction, restrictions are lifted to allow other uses, like going to 2-4 family, then to multi-family, then to say office, then retail, and on to heavier uses until you get to industrial which is the lowest restriction, low restrictions as in you can do darn near whatever you like. Heavy use=low restriction, very light use=high restriction. 

While zoning theories are rather constant, as Brie mentioned, zoning is a local matter, how they identify uses, restrictions and use can vary. 

Generally, commercial is more valuable because there is less of it, supply of available land is low creating a higher price. I'd look more to the allowed uses than try to change the commercial variance allowed, identify the highest and best use, that's what you should go with. Good luck :)