subject: Changes to the Cape Coral City Ordinance – Zoning and land use changes [print this page] Recently, the City of Cape Coral has produced some zoning and land use changes. What it means and how it affects us is really a serious issue! In the event you list a asset in a single of the affected regions and the buyer is not informed, you might most likely get in trouble!
Here it really is in a nut shell
A while back the Metropolis created some long term land use changes. The zoning in those locations was altered. Properties which might be now residential (single loved ones or duplex) within the regions they changed to commercial, retail, or mixed use allowing retail and offices are now "non Conforming."
Ordinance 39-10 allows already built structures which might be now non conforming to be considered conforming for so long as the Present Owner is in place. If they sell, the house becomes non conforming.
They have put the burden of conveying that around the existing proprietor to inform a buyer which we know most won't have a clue, or choose to ignore it so you are going to need to look up the location from the asset around the Future Land Use Map and ensure it's not in 1 of those areas, and let the proprietor know if it can be and they must disclose it in the listing information which will pretty much kill the chances of a sale. Also a lender won't approve a loan on a asset that's 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 website, but is so smaller you definitely can't determine anything.
Here will be the full ordinance from the Cape Coral city received by email.
On Monday, August 9, the Metropolis Council approved Ordinance 39-10. Below is really a brief summary from the Metropolis Attorney's Office.
Ordinance 39-10 amends the Land Use and Development Regulations (LUDR) to enable single-family and duplex dwellings that would become non-conforming as a result of an modification towards the City's Comprehensive Plan to be treated as a conforming structure. This would be for as long as the operator who owned the property when the amendment was adopted continues to own the residence upon which the dwelling is located. However, when the modification could be the result of a request by the house owner, this is not going to apply.
This situation commonly occurs when the Metropolis initiates either a small-scale or large-scale long term land use map modification. The outcome is these dwellings, as well as accessory structures, may well be repaired, altered, enlarged, or replaced, as if they are conforming structures. Ought to the operator with the dwelling at the time of your Thorough Strategy Amendment subsequently convey, or transfer, ownership to another, then this exception terminates and the dwelling shall be subject towards the limitations within section 2.6.2.a, b, and c, in the LUDR's. Prior to any conveyance or transfer, the property proprietor shall notify, in writing, the individual or entity to whom the house is being transferred with the change in status from the dwelling. Nevertheless, the failure to offer this notice will not likely affect the change in standing with the residence (to a non-conforming structure)!
If you have any questions, please contact the Metropolis Attorney's office at (239) 574-0408.
Changes to the Cape Coral City Ordinance Zoning and land use changes
