We periodically receive inquiries from prospective purchasers asking whether and how they can improve a property. In a perfect world, the Purchaser would have a contractual due diligence period during which the Purchaser can investigate all aspects of the property including title, environmental, historic/landmark designation and zoning. Some Sellers may not agree to a contractual due diligence period in which case, a Purchaser may wish to conduct their due diligence before entering into a Contract of Sale.
In either case, our firm offers zoning analysis services whereby we review the available information on the property (including the title, survey and prior approvals), gain an understanding of how the Purchaser wishes to use and improve the property, and review the local zoning code to determine what approvals are required, roughly how long that process would take, and the criteria for the municipality’s decision.
Best case scenario, the Purchaser’s use and improvements would be permitted as of right, in which case, only a building permit would be required for new structures and certain alterations.
In other cases, the Purchaser may require a subdivision approval, special use permit, site plan approval, state and/or local wetlands permit(s), area variances or even a use variance.
Our ultimate goal is to ensure that the Purchaser enters into the transaction “eyes wide open” and understands the risks.
For questions about land use/zoning issues, or general information about our firm, please contact us at (914) 338-8050 or send an e-mail to firstname.lastname@example.org. We look forward to hearing from you.
Betensky Law PLLC
118 N. Bedford Road, Suite 302
Mount Kisco, New York 10549
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