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The number of projects that involve renovating buildings and turning them into new spaces has climbed steadily since the Recession thanks to new adaptive reuse programs. Identifying potential legal issues early can prevent major pain later. Here are five tips to guard against common legal issues when redeveloping and restoring infill properties:
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DEED RESTRICTIONS AND CC&RS: Buildings and land uses initially intended for a distinct purpose years ago may have use restrictions that limit its utility today. Study the title report and associated documents to verify whether the proposed use is permitted within or prohibited by the CC&Rs or property deed restrictions.
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ZONING DUE DILIGENCE: The underlying zoning and attendant stipulations or conditions of approval cannot be overlooked. Proper due diligence should discover potential pitfalls by analyzing the underlying zoning, permitted uses, applicable development standards, and any restrictive stipulations of approval. Identify whether a zoning approval is tied to a specific plan of development that could impact building renovations, architectural modifications, or footprint changes.
DEVELOPMENT STANDARDS: Parking requirements and development standards can become unforeseen obstacles. With adaptive reuse, the developer is challenged not only by the building preservation and remodel, but also by existing site constraints such as lack of parking, access, on-site circulation, building setbacks, ADA retrofitting, and more. Identifying possible code deficiencies and potential solutions is critical from the outset. Whether by variance, interpretation, shared parking model, or rezone, a variety of legal options exist which can serve as useful tools in solving common problems with adaptive reuse endeavors.
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