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Commercial Zoning

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EDDIEVALENCIA

Freshman Member
Joined
May 28, 2004
Professional Status
Licensed Appraiser
State
California
Hello Everyone,

Find my self stuck and need some advise.

The subject property is zone C-2 General commercial.
per planing dept. the subject cannot be rebuilt as a SFR.
currently the highest and best use is residential, and there are homes on the same street that are also zoned C-2 currently used as SFR. I used one comparable that is next door and has same zoning (used SFR). I documented all info. feel i'm missing something.

thanks in advance for all your help. Eddie Valencia. :peace:
 
First off, this would easily qualify as a complex residential appraisal assignment. I'm betting that by the time you get done with it, this assignment is going to turn out to be a loser for you, feewise.

Based on your description this is a legal non conforming use that reportedly cannot be rebuilt. It's legal because it (presumably) was legal when it was built; it's non-conforming because the current zoning/development requirements would not allow it to be built if the site were vacant. So it can remain in its current use, probably indefinitely, so long as it remains in this use.

In many jurisdictions, there are provisions in the zoning regulations that will allow a legal non-conforming use to continue only so long as it is continuously occupied that way; and that if it sits vacant for more than 90 days or 6 months or whatever the existing zoning regulations kick in. Rebuild status is also an issue. In some cases, a legal non-conforming use can be rebuilt even if completely destroyed by accident or act of nature or whatever. In other cases there are limitations (destroyed up to 50% or up to 75%), and in other cases - like yours - prohibitions against rebuilding at all under any circumstances.

If you think about it, these conditions can have a huge impact on a lending decision, independent of the value itself. Say the property sits vacant even though the borrower is making payments on it, and then goes into default after the permissibility of residential use expires. What does the lender get back? Not only do they not get back a residence that they can sell as an REO, they might actually be getting a property that is condemned and must be immediately cleared of all improvements at substantial extra cost. Penalties and fines may have already been incurred. In a worst case scenario, they could be getting back an 'asset' with a value that is below what a vacant site would sell for.

Another thing to consider is whether or not this property's HBU as an SFR has a remaining economic lifespan that is so limited (because of any trends for redevelopment or conversion in the neighborhood) that the lender can't expect it to remain in that use for the term of their loan. You should be mentioning whether there are or aren't any such trends afoot in your neighborhood, which you'll be able to determine by looking at all of the sales of properties with similar legal non-conforming status, as opposed to looking only for properties that remain in that use.

If you've already considered all these elements and can answer all these questions competently, the only remaining step is to make sure your report includes adequate explanations.
 
Eddie,

The whole key to these transitional properties is HBU analysis, and you need to be very thorough (and charge more.)

What's the HBU as vacant? (To improve? Why? Show the user the data.)

What data supports your conclusion that the as-improved HBU is residential? Do you have rental information for houses converted to professional offices? How 'bout scrape and rebuild? or just scrape and sell bare? Scrape and build to suit tenant? What other uses are practical and probable? Show the figures.

Once you prove with actual figures that the HBU is SFR, then you'll feel better about your opinion. Till then, if what you've done is made your best guess as to HBU based on appraiser's experience, you'll be uneasy, and an easy target. N.B.: Your best guess may be correct, but can you prove it?

Without knowing the dynamics of your market and those of the subject's location, it's difficult to be any more specific.
 
Eddie, I will agree with everything George and Jim said, and I will add something that might provide some clarification for you. This is some text that I blatantly stole out of some text book sometime, and modified slightly to suit my purposes:

Highest and best use is defined as the reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value.

To estimate highest and best use, four elements or tests are considered:
(1) Possible use. What uses of the site are physically possible?
(2) Permissible legal use. What uses of the site are permitted by zoning and deed restrictions?
(3) Feasible use. Which possible and permissible uses will produce a net return to the owner of the site?
(4) Highest and best use. Among the feasible uses, which use will produce the highest net return or the highest present worth?

The highest and best use of the land or site if vacant and available for use may be different from the highest and best use of the improved property. This is true when the improvement is not an appropriate use, but does make a contribution to the total property value in excess of the value of the site.

The foregoing tests must be met and applied, in order, before highest and best use can be determined. In other words, the use must be possible. The use must then be considered to be legal and probable, not speculative or conjectural. A demand for the use must exist and it must yield the highest net return to the land for the longest period of time. These tests are applied both to the vacant land and to the improved property.

I'm certain that you probably have seen this sometime before, but may not have thought it through in terms of your assignment.

You said that the H&B use of the subject (I'm assuming, as improved) was SFR. The quickest and easiest test of this is to compare an approximate value of the improved property as an SFR to the value of the land, as if vacant, at its higest and best use. So when you look at commercial properties in the area that have sold as vacant land and compare them with the subject is the value lower than the improved value of the subject? If so, then your initial statement is probably true and SFR is H&B use of the improved property. But remember, and this is where a lot of appraisers goof up, that you have to apply the tests in order for both the property as improved and for the land as if it were vacant and ready for development.

So, if you have a physically possible and feasible use for the vacant land that meets the legal requirements of some commercial use and that use would make the land more valuable than the property, as improved, then the improvements do not add value and the present use is no longer at H&B. Conversely, if it is at H&B use, as presently improved, then it still might be an interim use. So... while the remaining physical life of the improvements might be 100 years or more, the remaining economic life of those improvements might be less, probably much less, like maybe one or two years.

If you already considered all of this (and more) then I apologize for pointing out the obvious (to you). But, like George said, this is, in all probability, a complex assignment and it may be difficult to collect enough fee to make it worth doing.

It is unusual for a zoning authority (at least in my area) to restrict SFR construction in this way unless the area land use is in process of changing from SFR to commercial. If it is in such a process, the commercial value of the land might be quite high - much higher than typical residential building lots.
 
Eddie-Had the same situation about a month ago. Site zoned for commercial use but it size prohibited as such, without assemblage. The UW wanted sales with similar zoning as I was able to comply.
 
An important issue to consider in such an appraisal problem is the "consistency in use principle”. Land cannot be valued at one use and improvements at another use. If, the subject land has a commercial Highest and Best Use ... and because of the commercial Highest and Best Use, the value of the underlying land is greater than the typical residential lot value needed to support the subject residential improvement ... there will be External Obsolescence. The residential improvement will contribute less to the land and a deduction must be made to the improvement.

Just something else you might want to consider.
 
THANKS TO ALL FOR YOUR INFORMATIVE ANSWERS.

ALL ANSWERS HAVE GREAT POINTS THAT I NEED TO CONSIDER. THANKS AGAIN!!! :cool:
 
Good, steady mortgage lending client?

If so, call them and tell them the zoning and prohibition on rebuilding.

Their response might guide your next steps.
 
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