Vacant Multifamily Structures

[Jan Keister]

Hi Gang; Some multifamily structures that have been uninhabited for over two years can be reverted back to single family dwelling status. The following from Chris Boehling clarifies. I have already reported several properties that I think qualify. If there are any that you know of please report them, or email the address to me and I will research them and report them.

Jan Keister, Public Safety Committee

From: Christopher.Boehling@RoanokeVa.gov

Date: Wednesday, December 31, 2008 9:48 AM

To: jan_k@cox.net


Subject: multifamily vacant properties



Good morning Jan, the interpretation by the zoning administrator,Nancy
Snodgrass, and the planning administrator, Chris Chittum,as I understand,
regarding this subject, is as follows.

If a multifamily structure exists by right as a non-conforming legally
grandfathered use in an area which has been rezoned to a lesser density,
then it has vested rights to continue as such regardless of vacancy for
more than a 2 year period.The crux of the question is " Is the property
"Capable" of being rented". If it is in rentable condition but the owner
has chosen or has not been able to rent it out then it has not lost it's
vested right. On the other hand, if the property was condemned for those 2
years and it was not physically feasible or legally possible to rent out
the units, then it has lost the right to continue as multi-family and must
return to single-family use.

If you are aware of a property that fits this criteria alert the proper
code inspector and they will notify the owner of the reduction in density
that they are now subject to. Fortunately, many investors are realizing the
market demand for single family dwellings is now on par with multi-family
in most areas of OSW. Some blocks are still transitioning. There are
monetary incentives for reducing the density by at least two units as well.
Hope this helps
CB