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Anant Garg
  • San Jose, CA
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Residential duplex rezoned to commercial

Anant Garg
  • San Jose, CA
Posted

Hello BiggerPockets community,

I’m an investor in the DFW area and currently own multiple single-family homes, duplexes, and fourplexes around Fort Worth and Arlington. I’ve run into a situation I haven’t experienced before and would really appreciate some community insight.

One of my duplexes in Arlington, which is also in an STR zone, appears to have had its zoning changed from mixed-use to commercial. When I purchased the property, it was clearly zoned mixed-use, and I was able to secure a residential loan at that time. Since then, the zoning has changed to commercial, and I’m not sure whether I ever received official notice from the city—or if I may have missed it.

The lot is approximately 7,000 sq ft, has a well-maintained duplex, and it is currently rented to long-term tenants. Given this zoning change, I’m trying to understand what my options are moving forward.

If anyone here has experience dealing with commercial zoning transitions, non-conforming use, or similar scenarios, I would truly appreciate your guidance.

Thank you in advance!

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Kenneth Garrett
  • Investor
  • Florida Panhandle/Illinois
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Kenneth Garrett
  • Investor
  • Florida Panhandle/Illinois
Replied

When a city rezones (map amendment) an area it is done through a text amendment and requires a public hearing. You should have received notice so you would have had the opportunity to participate in the public hearing process.

As far as the use of the property provided the duplex was a legal use, it is now considered a legal non-conforming use. You are able to continue to use the property as is, but no expansion of the property. You have the right to maintain it.

It does not impact the use of the property and it is still a residential property. Funding can still be done as a residential loan even though the property is zoned commercial.

Agree with

  • Kenneth Garrett
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