Zoning of a small church.

by Susan
(St. Charles MO)

Visitor Question: We are interested in buying a lot to build a home on that is situated next to a small church that sits on 2 acres. My question is, if the church sells this 2 acres of property, are there restrictions as to what can be put on this lot other than homes? The church is zoned commercial, but it sits in the middle of a residential zoned area.

Editors Reply: Susan, if both the lot you would like to purchase and the church are located within a jurisdiction--a city or a county--that has a zoning ordinance, yes, there are some restrictions on what can be put on the lot. Limiting and regulating land uses is one of the main functions of zoning.

However, in your case, you need to understand completely what the commercial zoning permits. Read and re-read the parts of the zoning ordinance that pertain to the zoning district where the church lies.

Sometimes people misunderstand the term "zoning district." The name falsely implies that all the real estate parcels that are zoned the same way is next door to each other, but a zoning district only means that properties share the same restrictions and permissions.

After that little detour, my advice is that you need to read the district regulations that pertain to the church's lot, either by reading the zoning ordinance online, as is often the case today, or if it is not online, you will need to visit the city hall and pay for a copy of the relevant parts of the zoning ordinance. I want you and whoever else will be involved in the purchase to be able to ponder the list of "permitted uses" at length.

If you find that the church is located in a district called Neighborhood Commercial, it might be likely that the list of permitted uses would include a convenience store and small retail shops like bakeries, boutiques, and much more.

If the district is called General Commercial or something similar, you might have a gas station or restaurant as a neighbor.

Unless potential occupants of the commercial district are subject to site plan review or some further regulation, they could apply to build and receive a building permit with no public comment period.

So you need to think through every possible neighbor that is permitted under the zoning ordinance, to see if you will be OK with them. Think about traffic, noise, outdoor lighting and signs, and the visibility of your own future home from anyone who visits a commercial establishment.

Some people are willing to take that risk, while many would not. If you would not want to be next door to one or more of the land uses allowed under the commercial zoning district rules, you should find another lot. I know that could be disappointing, but think about how you would feel if you invested in a home only to find out later that the peaceful neighborhood you were dreaming about has become a thing of the past.

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