Commercial or Residential

[maat55]

What is the name of your state? Oklahoma

My uncle owns a building he bought about 12 years ago. Previous to buying the building he and I leased it. In total, we have been in the building for about 23 years. I am interested in buying the building from my uncle, but in the process of due diligence I have found that the property is zoned RM-2 (Residental). We have been operating upholstery businesses in this building for twenty-three years.

The building was built in the twenties as an Indian school and later was used for commercial purposes. The wierd part of this is that one third of this building is in a LI zone ( light industry ) I wish to have it all LI. The property is in a flood zone and the city has it in their urban developement plans to become a retention pond. This will probably not happen for many many years into the future. The building is worthless as a residential property and is very suited for light industry, we have had no complaints from the neighborhood largely because most of the area around us is commercial and rental property anyway. Our next door neighbor is zoned LI as is part of our building. All I want is for the city to extend the LI zone to cover the rest of the building.

Any thoughts would be helpful. Thanks.

 

[CraigFL]

Most areas have specific procedures for rezoning property. You need to contact your local county government.

 

[maat55]

I've reviewed the process for zone changing and it can cost a little more than I would like to pay without knowing I have a solid case. I've talked to the zoning office and I'm not getting any good feedback. Logically, I think I have a good case, but the city can be much less than logical about zoning changes. I'm hoping to hear from someone who may have seen or heard of this situation for legal presidant purposes. I need advice from an realestate attorney, but don't want to have to pay, if not necessary.

 

[onestr8]

Not sure if this applies in you situation/location, but where I live in Missouri all you have to do is get signatures from a % of all the property owners in the area saying that they promote (or at least won't disagree with) the rezoning. Other than that, there are a couple of formalities - council vote, etc. Of course, make sure your building complies with commercial zoning/building ordinances.

Unless there is a neighbor that objects, I don't see why it would be a lengthy or costly process especially when you are extending an adjacent zone. I'm sure, as in most places, commercial is taxed at a higher rate. They love them taxes.

 

[maat55]

Not sure if this applies in you situation/location, but where I live in Missouri all you have to do is get signatures from a % of all the property owners in the area saying that they promote (or at least won't disagree with) the rezoning. Other than that, there are a couple of formalities - council vote, etc. Of course, make sure your building complies with commercial zoning/building ordinances.

Unless there is a neighbor that objects, I don't see why it would be a lengthy or costly process especially when you are extending an adjacent zone. I'm sure, as in most places, commercial is taxed at a higher rate. They love them taxes.

I don't think the neighbors would have any objections. Personally, i'm considering just ignoring the zoning issue since part of the building is zoned properly. Selling the building is my only worry, though I have no intention of selling. The city will eventually buy out the property for a future city project. Thanks for your response, I will post back with any news.