What is the zoning on my listing?

I don't know how many times agents have asked me this question 100, 200, 300?


The answer depends on how I feel that day.  If I am feeling a little angry...

"I don't know, what does the city cert say?

"Uhhhh, we don't order it till we have an executed agreement," they reply.

"Why don't you order it now?"

"How do I do that?"

"You go on the Internet (it's a remarkable tool for Real Estate information) and order it for $103."

"I don't want to spend $103.  I just want you to tell me!"

"This is your $700,000 listing, right?  The one that you will make a $20,000 commission on but you don't want to spend a hundred bucks?  Well, how about the rental license?"

"Ohhhh, the client didn't give me that."

"Did you ask for it?"

"Uhhhh, I just want to make sale.  The client said it was 5 units and I'm going to list it as a 5 unit building"

"That sounds smart.  Why don't you take the listing, market it as a 5 unit, negotiate the deal then 3 days before the settlement when you get the cert and it says 3 units you can say that my deal fell through because L&I screwed me.  NO, you screwed yourself because YOU DIDN'T DO YOUR JOB!  Maybe, lead generation is not the only productive use of your time..."

"You're an asshole, Peronne you won't help me!"

Perhaps...



If I'm in a calmer mood...

After a gentle conversation about City Certs and rental licenses being the most authoritative source you as Real Estate agent can use and how your client may need to consult with a local zoning attorney,  it's let's sit down and figure it out.

There 3 sources of information we need to look at and they are all free and online.

1. Zoning maps.
2. Zoning files.
3. Title 14 of the City Code - Zoning.

In the file there are usually several zoning applications.  We need too find the most recent one and any documents dated after that.  These files tell a story.  You need to figure out what the story is.

On the first page the application will show what use was applied for.  There should be a stamp on it with the date the application was received.  This means it was received.  It does not mean it was approved.

On the back page it will say if it was approved or reason for refusal.  There may be documents related to a zoning hearing.  Like a Notice of Decision or Variance Issued.

If the use was approved on the applicaton AND rental licenses are current there is a 99% chance that your good.  The cert will say what was on the application.  If not, go to a local zoning attorney.  They can probably fix it.

If the use was approved on the applicaton AND rental licenses are not current there is still an excellent chance that your good.  The cert will say what was on the application.  If not, go to a local zoning attorney.  They can probably fix it.

If the use was NOT approved on the applicaton BUT a variance was issued AND rental licenses are current there is still an excellent chance that your good.  The cert will say what was on the application.  If not, go to a local zoning attorney.  They can probably fix it.

If the use was NOT approved on the applicaton BUT a variance was issued AND rental licenses are NOT current there is a slim chance that your good.  The cert probably will NOT say what was on the application.  If not, go to a local zoning attorney.  They may be able to fix it BUT it will take months and mucho dinero.  Now, we are talking about new zoning, parking and the latest building codes WILL be issues.

If the use was NOT approved on the applicaton AND NO variance was issued AND rental licenses are NOT current your probably screwed.  The cert probably will NOT say what was on the application.  If not, go to a local zoning attorney.  They may be able to fix it BUT it will take months and mucho dinero.  Now, we are talking about new zoning, parking and the latest building codes WILL be issues.


To sum it up. 

• Variances can dissapear if licenses are not maintained. 
• Approvals by right usually stay with the property even if licenses are not maintained BUT this is a gray area if the same approval would not be approved today.
• If licenses are maintained everything should be fine.
• If there are issues you need to send your client to an experienced, local zoning attorney.  Most attorneys know less about local zoning than is in this blog.

Wait a minute.  I did say there were two more sources of information.  What can we do with those.

The zoning map will show you the zoning for the property.  Common examples are R9, R9A, R10A, R10A, C2, G2.  The zoning must be on your agreement of sale for properties that are not primarily residential.

Title 14 of the City Code explains what is allowed in each zone BUT remember, "a little knowledge is a dangerous thing. "  Just because the zoning code says that your use is allowed does not mean you can do it.  There maybe special restrictions.  You may not get approval from the Planning Commission.  There may not be adequate sewer lines or drainge.  Maybe a spotted bluebird is nested there or piece of grass is growing in a puddle and you have wetland...