Dealing with a Zoning Issue
It’s common to find a building that you are interested in purchasing, but find out that it is not zoned for your ultimate intended use. The question becomes can you do anything about it? Yes, you can. You have options such as:
(1) Modifying your plans to fit the current zoning regulations;
(2) Requesting that your land be rezoned for your purpose;
(3) Applying for a variance, conditional use, or nonconforming use permit; or
(4) Looking for other land that permits your proposed use.
If you want to proceed on signing a sales contract prior to finding out about the zoning, consider including a clause that makes your obligation to close contingent on your being able to change the zoning or getting permission from the local zoning people for your intended use. Or, get an option from the owner, and then explore the possibility of getting the zoning you need. If you get what you need during the option period, you can exercise your option and purchase the property.