Weird Deed Zoning

[Cwadda]

A duplex I went to look at had a very obscure zoning regulation that was apparently put in place when it was built 1987.  Any thoughts?

"1.  Said regulations require that the record owner of the subject dwelling shall reside in one of the dwelling units.

2. This owner-occupancy requirement shall be recorded on the Land Records if the subject two-family dwelling recipes a Zoning Permit.

3.  The record owner shall submit adequate proof of occupancy to the Zoning Agent every two years on the 1st of January of each even-numbered year."

Applicant acknowledges through 1988 letter that owner-occupancy requirement of the zoning regulations will be met.  Notice of this requirement will be filed on the land record."

It's a good property that I wouldn't mind owner-occupying, but if the owner-occupancy restriction is permanent it's a deal breaker.  This is totally weird, have never seen anything like this.  This is not part of an HOA, it's a standalone duplex in a rural area.

[tralfamadorian]

That is really weird.  Can you call the county and ask them to confirm that the zoning means what it sounds like it means?  And secondarily, whether it would be possible to rezone it? 

[Another Reader]

Was this built as an income-restricted property that can only be sold to owner occupants?  There should be disclosures from the lister if that is the case.

[Cwadda]

That is really weird.  Can you call the county and ask them to confirm that the zoning means what it sounds like it means?  And secondarily, whether it would be possible to rezone it?

I'm considering calling to ask about it. It's a great property other than the permanent owner occupancy restriction, which was seemingly put in place over 25 years ago.

Was this built as an income-restricted property that can only be sold to owner occupants?  There should be disclosures from the lister if that is the case.

Nope, I don't think so. The agent told me they added the regulation to this property because they didn't want a bunch of college kids living there.  It's somewhat close to a university so that's understandable.  But there's no HOA or anything, seems almost like an invasion of privacy?

[Another Reader]

I would not rely on the agent's explanation.  Deed restriction, yes.  Zoned to require owner occupancy?  Haven't seen it.  Make the phone call and maybe talk to someone you know at a local title company.

[bobechs]

This is not a zoning restriction, but some HUD guaranteed reverse mortgages of multifamily  (topped out at fourplex) residences require  continuous owner occupancy of one of the units.  That would be one half of a symmetrical duplex for the finger-counters out there. Any period of non occupancy (by the mortgagor) longer than twelve months is forbidden.

The penalty for non-compliance is mortgage default and foreclosure, sale of the property at auction. 

Invasion of privacy or not, there it is. And who wants a battle with the mortgage company and HUD?

[MommyCake]

I would not rely on the agent's explanation.  Deed restriction, yes.  Zoned to require owner occupancy?  Haven't seen it.  Make the phone call and maybe talk to someone you know at a local title company.

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