Recently, the City of Cape Coral has made some zoning and land use changes. What it means and how it affects us is a serious issue! If you list a property in one of the affected areas and the buyer is not informed, you will most likely get in trouble!
Here it is in a nut shell……
A while back the City made some future land use changes. The zoning in those areas was changed. Properties that are now residential (single family or duplex) in the areas they changed to commercial, retail, or mixed use allowing retail and offices are now “non Conforming.”
Ordinance 39-10 allows already built structures that are now non conforming to be considered conforming for as long as the CURRENT OWNER is in place. If they sell, the property becomes non conforming.
They have put the burden of conveying that on the current owner to inform a buyer which we know most will not have a clue, or choose to ignore it so you will have to look up the location of the property on the Future Land Use Map and make sure it is not in one of those areas, and let the owner know if it is and they must disclose it in the listing information which will pretty much kill the chances of a sale. Also a lender will not approve a loan on a property that is in a area where the zoning has been changed and would no longer be conforming. The map can also be viewed on the City’s web site, but is so small you really can’t determine anything.
Here is the full ordinance from the Cape Coral city received by email.
On Monday, August 9, the City Council approved Ordinance 39-10. Below is a brief summary from the City Attorney’s Office.
Ordinance 39-10 amends the Land Use and Development Regulations (LUDR) to allow single-family and duplex dwellings that would become non-conforming due to an amendment to the City’s Comprehensive Plan to be treated as a conforming structure. This would be for as long as the owner who owned the property when the amendment was adopted continues to own the property upon which the dwelling is located. However, when the amendment is the result of a request by the property owner, this will not apply.
This situation usually occurs when the City initiates either a small-scale or large-scale future land use map amendment. The result is these dwellings, as well as accessory structures, may be repaired, altered, enlarged, or replaced, as if they are conforming structures. Should the owner of the dwelling at the time of the Comprehensive Plan Amendment subsequently convey, or transfer, ownership to another, then this exception terminates and the dwelling shall be subject to the limitations within section 2.6.2.a, b, and c, of the LUDR’s. Prior to any conveyance or transfer, the property owner shall notify, in writing, the person or entity to whom the property is being transferred of the change in status of the dwelling. However, the failure to provide this notice will not affect the change in status of the property (to a non-conforming structure).
If you have any questions, please contact the City Attorney’s office at (239) 574-0408.
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Comments (0) Aug 18 2010