multifamily property violates single-family only zoning? (Santa Fe: renters, house, neighborhood)

[blam]

I was looking to purchase an income property in Santa Fe area. I might end up living there myself eventually but for the first couple of years it will be an investment. There is this one I had an eye on for a while but the sellers agent mentioned that this place isnt really all that up to code when it comes to zoning. It looks pretty much like a regular house from the outside but has 3 separate entrances and 3 kitchens (so that technically makes it a multifamily property) and apparently that violates something about that areas local city zoning laws. But he also said that its been that way forever and that tons of properties are like that and nothing could really happen to me for keeping it that way. I thought, of course he had to say that, he wants to sell it.

So my questions are:is it true what the agent said? What could be the worst thing that could happen to me for having a house with more than one kitchen? And is it likely that some agency will do some kind of a checkup on me? Maybe they will do that because it changed ownership?

[SunGrins]

Call the city planning/zoning department and they can tell you if the property is a legal nonconforming use. It probably predates the zoning designation. If so, you are probably OK as long as you don't make massive upgrades or changes. You would most likely need to request a variance if you want to make major changes. Sometimes the city has a definition of what "major" is based on a percentage of the property's value. I'm not familiar with Santa Fe but some places require occupancy permits for renters and have strong code enforcement so they are probably well aware of the situation on that property. If, somehow, they are unaware that it is multi-family you would need a ruling on nonconforming status or maybe a variance.

[joqua]

Hmmmm....

Where I live there are MANY homes with only one kitchen, and possibly one bathroom, but with multiple families living within! This is in a neighborhood that is zoned "single family" by village code.

My neighbor has a very old travel trailer permanently parked on his property and he once had 4 adults and 4 children living in it - until I asked Family Welfare to check them out. Various people continue to circulate within the main residence, which doesn't bother me since they likely have better living conditions than in that small cramped travel trailer.