I am looking at a building that is zoned commercial, I want to live there... Typically(of course its going to vary a bit town to town) how hard is it to get the zoning changed? Is there such a thing as Residential/Commercial or is it strictly one or the other? Or could I simply just live there and file a DBA and use that as my "office", is there any criteria for it being commercial vs. residential?

If a mod feels this belongs in Home and Garden feel free to move it, I just thought I would catch more people here - thanks!

 

From everything I've read and studied, not only does it vary from state to state, but it's a costly and typically drawn out process. You may wish to consult some developers, real estate brokers, and lawyers in your area so that you're not screwed.

 

I am a developer

I just have never encountered this type of problem. I know most of the local planning boards(and am on great terms with them) and have a great lawyer, I just don't want to call him at home for this. I was planning on calling him tomorrow, but I am sometimes amazed from what I can learn at this forum!

 

I thought you just encountered this blindly. Anyway, you'll find out soon enough I'm sure.

And I agree, I've been amazed by this forum too!

Good luck

 

Around here, I think you can live in a commercial zone but you can't put a business in a residential zone (duh). I know a few people that have living quarters above their offices, stuff like that.

 

Yeah, there is such a thing as Residential/Commercial zoning...

But it's a whole different story trying to change zoning... It varies from town to town on how difficult it is....

I thought you already had a house (mentioned in the driveway paving thread)

You're not one of those guys that goes thru houses like some people go thru cars around here

 

That's my thought, I love the building for a home, and would be willing to file a dba just for added protection - who are "they" to question what I am doing in there if its not blatantly illegal(i.e. prostitution, drugs, etc...). I also know a few offices that have bunks, bedrooms and better accomodations for living there then my current house does!

I will have an office in this place, so it wouldn't be hard to pull off. I just like to stay on this side of the law, even if it requires a little extra $$$, time and paperwork.

 

I have been looking at getting a new place for while now, I do have a "runway" for a driveway currently, though this place isn't much different! It has horse shoe driveway and a parking lot that can easily accomodate 20+ cars - my current home is just a raised ranch, nothing special I want more of a unique home. This new place is very unique and also just over 4k sq/ft so I'll have more space

My parents will keep our current house, my father became ill a number of years ago and I took over our family business and help them(my parents) out - it was never "my" house on paper, but since I was paying for it for a while I considered it my house and have worked with my parents to make a lot of improvements that would improve everyones quality of life(driveway, new 3 car garage, kitchen, etc....)

I am not into swapping houses frequently, I am really dredding moving - which is probably why I've put it off for so long, this is the first place that really makes sense and that I am excited about.

Great memory! I didn't think I came up on anyone's radar as being someone to remember details from

 

Depends upon how the zoning definitions read; some commercial classifications are inclusive, some exclusive. If it is the latter, your success depends upon how lenient the local planning board is, and how willing they are to consider a varience. If the usage represents a benificent exception, they will generally go for it - if you're looking at a small abandoned commercial/industrial property, and are going to dress it up for a combo office/residence, that represents a change that is considered "benificent" for the community at large. If the commercial zoning is inclusive, and allows certain kinds of residential, you're home free.

There are tons of examples of blended usage districts, particularly in larger cities, where the old loft districts are being converted to residential/mixed-use buildings. Might start a trend in Albany........

And yep, the quality of space you can get from an old commerical/industrial building in conversion to residential is frequently phenominal.... breaks out of the conventional room sequence, room size, etc.

I'd do what you're going to do, and then follow through with the paperwork process after occupancy.....some might see that as risky, but in truth, post-conversion, if you truly have an office there, the gradiation of zoning interpretation will be on your side.

 

Thanks Ric

That's pretty much what my lawyer said, and in the same wording - I just got off the phone with him.

 

Like proaudio said, you can usually live in a commercial zone but not do business in residential.

In our area, look at say... Lark St. Most of the brownstones are zoned commercial there... yet are used wholly as residential... or have commercial shops in the basement only.

 

So it looks like I have to apply for a varience, it is zoned Pre-existing, non-conforming highway commercial - In English it sounds like it is commercial and is non-conforming for a single family home... Though I am not giving up yet.

I have started the process of aquiring information, my lawyer as offered a lot of advice and remains optimistic but any other advice or suggestions would be great. So far he told me to investigate septic requirement for a single family home vs. a commercial office - in that particular town it is the same. So that looks like good news The other concerns can all be addressed with paperwork and going before the planning board(which my lawyer says this particular town is fairly liberal with its decisions - again good for me). I've found more information out about the building, its current owner has owned it for 3 years and never moved in, prior to that it was on the market for just over a year - so its been vacant for a little over 4 years. Another good sign is the current owner bought it 3 years ago and it must have passed all inspections then so I just need to have them updated and confirmed.

The site developer I work with told me to just be honest and tell them that I have plans of restoring the building to its original condition and maintaining the property so it doesn't look like a vacant, run down office building, in other words just plead my case that my use will be beneficial to the area and there is no reason not to issue the varience. The building needs a little work, the landscaping is very nice but run down(4 years with out much maintnance), and generally needs to be cleaned up.

So what do you think my chances are given that information? I want to approach this the polite way first, so far everyone I've dealt with has been nothing but helpful and generous with their time. But push come to shove, I will do what it takes to make them see things my way..