Selling to investors

2 years ago

There is a church zoned property in a single home neighborhood that is being offered for sale. An investor wants to purchase and claims he will build a house and he will rezone the property to single family. The neighbors do not want anything but a house built. The church does not want to be responsible for rezoning. Does anyone here know if there is a way to be sure that the investor will keep his word and rezone residential and not build some type of commercial building on the property itself? Are the neighbors out of luck?

Comments (8)

PRO
Diana Bier Interiors, LLC
2 years ago
This is a question that needs to be answered by the local authorities. All jurisdictions have their own specific laws and codes, and one would need to be very familiar with your locale in order to give you good advice.
PRO
Patricia Colwell Consulting
2 years ago
Sorry but no way for us to help . You will need to go to your town zonong board and see what is possible, Our town is just in the midst of re thinking our zoning laws and it is quite an undertaking.
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Kate
2 years ago
Just guessing, but I doubt it.
Donald
2 years ago
Claims, MOU, verbal anything, heck, written anything is meaningless. If zoning approves then owner can do it. Buy it yourself is the only guarantee.
tozmo1
2 years ago
Check with your local city planning office (or whomever controls zoning issues) to find out your options. Act quickly. In my community, once the builder submits a plan for review that complies with CURRENT zoning, it's next to impossible to start any rezoning actions.
Helen
2 years ago
This is very location specific as others have advised. Ironically I live next door to a church and a developer has been trying to purchase it and have it rezoned in order to build a high rise project there. We had it declared a historic monument which makes it more difficult but not impossible as we want it to remain just as it is.

You could probably achieve the same results by having a covenant that was recorded in which the use of the property was limited to single family residence. Local land use/property law is very specific so I don't know if this would work. If it did, there would need to be a lawyer to draft the language and have it recorded so that it "ran with the land". Both buyer and seller would need lawyers and if your neighbors are serious they would probably want to hire a lawyer to review the language as well.
ptreckel
2 years ago
“Church Zoned?” What does that mean? Is it Commercial with restricted permitted use? Residential with limited permitted use on what can be built there, including “soft” commercial operations? Verify the ACTUAL zoning for that parcel. What does it MEAN? Read the fine print. If someone wants to “change” the zooming on a parcel in our town, they must go before our Zoning Variance Board and seek an exemption or a variance to build what they want to build. Once a person owns a property, it is theirs. The default in most Variance Board hearings that I have attended is to honor the desire of the property owner. If “Church Zoned” includes commercial use, then the owner has the right to build a commercial structure there within the restraints of that zoning description. Beware of loopholes. In our community, a residential neighborhood had a parcel labeled limited commercial. The zoning dated back to the day when there was no such thing as a drive thru. Therefore, a drive thru was NOT illegal. This permitted the construction of a drive thru on this property. Despite legal battles against it for a variety of reasons, we lost. The property owners’ right prevailed.
ptreckel
2 years ago
PS: If YOU and your neighbors object to what might be the construction of a COMMERCIAL building in the place of your church, I suggest that you create a community association and start passing the hat to BUY said property, if possible, to protect and preserve it AS a non commercial structure. Seriously. We should have bought the land I note above and transformed it into a neighborhood park.

Selling to investors

Comments (8)

Diana Bier Interiors, LLC

Patricia Colwell Consulting

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