If city zoning allows for homes on my lot, why can’t I build a house?
Question: I recently purchased a lot in Northwest Cape Coral to build a new home. Both the seller and I were represented by Realtors. I hired a builder and arranged for financing. When my builder attempted to pull the permit to begin construction, the city told him it could not be issued because the property had Commercial Land Use. The zoning allows for homes, so I do not understand why I can’t build my home. What can I do?
– Ethel R.
Answer: You are not alone in having this situation occur. First, as background, zoning laws provide for what type of construction and activity can occur in a certain area. Land Use generally matches with this, which provides broader categories of activity. However, when the land use classification of a property does not allow a certain activity (in your case, homes), the activity cannot take place, even where zoning would allow it.
These types of cases are very fact-specific, so your potential remedies could be quite varied. First, you can seek to have the land use changed to allow for residential development. However, the city has historically been reluctant to change properties from commercial to residential given our relative shortage of commercially zoned properties. If your property is in an area that has many residential structures already, you may want to gather your neighbors to see if you can all apply for the change. For properties that are already built, if a disaster like a hurricane or fire partially destroyed the home, they may not be able to rebuild due to the conflict in zoning and land use. The more people petition, the more likely it will be the city will approve it.
You may also have remedies against the seller. If they represented that the property was being sold for residential purposes, they could be pursued to return your money. The seller’s Realtor and your Realtor, depending on agreements signed and what they represented, could also be responsible for you purchasing property that cannot be developed.
It should be a priority for our city’s leaders to review situations where land use and zoning laws conflict, and initiate changes so everyone who purchases property in Cape Coral knows exactly what they can and cannot do. In the meantime, it is important to seek professional advice to ensure you are getting the property you think you are.
Eric P. Feichthaler has lived in Cape Coral for 27 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through his chairmanship of the Harney Point Kiwanis Club KidsFest, which provides a free day of fun and learning to thousands of Cape Coral families, and funds numerous scholarships. He has been married to his wife, Mary, for 13 years, and they have four children together. Recently, he earned his board certification in Real Estate Law from the Florida Bar. He is also a Supreme Court Certified Circuit Civil Mediator.
This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.