Buying Home in Commercial Zone

[Patriot2005]

Hello, I'm in Texas. We are interesting in buying a home that is currently zoned as commercial property. It was residential property until 3 years ago when it was rezoned as commercial and converted into a photographer's studio. There is a neighborhood on one side, and businesses on the other side, so it could go both ways. However, we would like to use it as our residence.

So my question is, would we be able to have it rezoned as residential again? Is there any need to do so in order to live there? Does the zoning effect taxes or rights that we would have as home owners? Thanks in advance for any help!

While I am posting, I am wondering if we would qualify for first-time home owner incentives. We've purchased a single-wide mobile home but have never owned a site-built home.

Thanks again!
Patriot

 

[PghREA]

Call the local municipality zoning board and ask them these questions.

 

[Paddy Reagan]

I am wondering if we would qualify for first-time home owner incentives. We've purchased a single-wide mobile home but have never owned a site-built home.

Here are the HUD criteria for a first time home buyer. Pay special attention to bullet four:

*An individual who has had no ownership in a principal residence during the 3-year period ending on the date of purchase of the property. This includes a spouse (if either meets the above test, they are considered first-time homebuyers.

* A single parent who has only owned with a former spouse while married.

* An individual who is a displaced homemaker and has only owned with a spouse.

* An individual who has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations.

* An individual who has only owned a property that was not in compliance with State, local or model building codes and which cannot be brought into compliance for less than the cost of constructing a permanent structure.

 

[Patriot2005]

Thanks Paddy

Paddy, thank you for the HUD criteria. This is very helpful! I will check locally for the answers to my other questions.

 

[Gadfly]

I can't see a zoning board getting in to flip-flop zoning so if it zoned commercial you would have to get it changed BEFORE using it for a residence since living in it would most likely be illegal. I'm wondering why you would want to pay commercial prices for a residential place. I'm also wondering why your realtor isns't answering this for you.

 

[alligatorob]

Check with your local building and/or zoning department. Here in Florida if property is rezoned from residential to commercial you can continue to use the property as residental if that is what your certificate of occupancy was for. It continues to be taxed as residential and your homestead exemption continues to be applied. If you get a commercial CO then you can't and for new construction you can only get a commerical CO. But I don't know in Texas.

 

[Gadfly]

That's for future land use. If it's being used as what it was changed to, then it is commercial.

This piece has been changed to commercial and USED as commercial correct?

 

[Patriot2005]

The property is a historic home that is on the edge of a neighborhood. It was bought 3 years ago and turned into a photography studio. The studio closed officially in February. So yes, the property was changed to commercial and used as commercial. Does that mean there is no going back?

We don't have a real estate agent. We are in the "considering" stages right now, and the house is not yet on the market, so we are dealing directly with the current owners.

 

[Gadfly]

Talk to the city and see what they are willing to do.

Is is "historic" as ""listed in the national registry of historical places" or is it just really old?

 

[Patriot2005]

Thanks for the help

Talk to the city and see what they are willing to do.

Is is "historic" as ""listed in the national registry of historical places" or is it just really old?

I'll give the city a call as soon as we are sure what we want to do. The house has never been registered with the national registry, but it was built in 1900 and is considered historical, unofficially. (We wouldn't want it registered - too many restrictions.)

 

[Gadfly]

considered historical, unofficially.

That means nothing execpt in your mind.