Saturday, June 4, 2011

Can an existing church in the countryside buy an empty, older Wal-mart bldg which is in the city limits and?

remodel the inside of it without the city%26#039;s permits, etc., when the city says the church cannot even exist in the spot because it%26#039;s zoned %26quot;commercial?%26quot; The city is getting an injunction to block the church from remodeling, adding on, building other buildings on that property or starting a church there because of the zoning. The church knew it was zoned %26quot;commercial%26quot; when they bought it. Prior to buying it the city agreed to %26quot;consider%26quot; re-zoning once the church owned it. After the church owned it the city DID consider rezoning it to %26quot;religious%26quot; but decided they (the city) needed this %26quot;prime commercial property to remain %26quot;commercial.%26quot; What can the church do.? I asked a very similar question last week but more has happened since changing the situation a bit.|||The city decides who does what where in the city. If the site is not zoned for the use in question, the city will have the full legal right and obligation to shut it down.





It almost sounds like the church is trying to get around the city by working to make changes without permission, hoping to get enough of a foothold that the city won%26#039;t shut them down. Dumb dumb move. The city can levy huge fines for that sort of thing, and even remove the occupancy permits from the building. They can have utilities shut off, the whole 9 yards.





The church made a mistake, they need to sell the property and move elsewhere.|||Even the church is not exempt from the law. For them to consider making unauthorized -- or even illegal -- changes to the building without the rezoning in place was an arrogant act not worthy of a church.|||They cannot go against the city%26#039;s zoning. I would suggest that they consider turning the site into some sort of commercial business, such as a leasable party hall and then lease space back to the chuch in order to have services there. That may be the loophole in the %26quot;commercial%26quot; zoning. You would have to check local zoning laws on that one.





But, they will still have to get city permits and such in order to complete the construction or remodel.|||The church should have purchased on %26quot;Contingency%26quot; of getting the rezoning passed . . . but since they didn%26#039;t they are now Commercial Property owners.





They can sell or lease it.





Sounds like they really pissed off the City by ignoring zoning laws and started construction without permits - going to make life miserable and expensive for them now.