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Megan Roy
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ZONING ISSUE-- Bought as a Duplex zoned as R3 Residential?

Megan Roy
Posted

HI all I am hoping you can assist with your experience here. 


I have a client who purchased a duplex and rehabbed it. He worked with a licensed HVAC, Electrician and Plumbe. 

We are at closing and he's running into an issue with the property being zoned as "R3 Residential" after final compliance checks/quality control stating there is an issue here the zoning. How can I help clear this up? He purchased it as a Duplex, Permits were submitted, Title has this listed as a Duplex as well. However...

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Robert Ellis
  • Developer
  • Miami, FL
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Robert Ellis
  • Developer
  • Miami, FL
Replied
Quote from @Megan Roy:

HI all I am hoping you can assist with your experience here. 


I have a client who purchased a duplex and rehabbed it. He worked with a licensed HVAC, Electrician and Plumbe. 

We are at closing and he's running into an issue with the property being zoned as "R3 Residential" after final compliance checks/quality control stating there is an issue here the zoning. How can I help clear this up? He purchased it as a Duplex, Permits were submitted, Title has this listed as a Duplex as well. However...


 The issue you are talking about is not because it's R3. Typically it will be another reason. I've had a similar issue on W Sullivant ave in Columbus where it had a commercial use overlay for a duplex but the lender ultimately didn't have an issue with it and closed the loan.. I think you should work more with the zoning office and lender to determine the issue. A nonconforming use is a use of property that was allowed under the zoning regulations at the time the use was established but which, because of subsequent changes in those regulations, is no longer a permitted use.

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