A single family home listed on Zillow has a rental unit over the garage. Is it illegal?

Profile picture for wsc1231
In other words, if it's listed on Zillow as "single family," does that mean it's not zoned for a rental unit on the property? Thanks.
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September 11 2010 - West Mesa
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Answers (6)

Profile picture for Jon Perkins
Hi wsc1231-

Zillow's definition of a "single family" home should exclude condos, multi-family properties, rental properties, and commercial properties.  

As others have mentioned, some homes in the area have incorporated rental units that aren't legal because of zoning, lack of permits, etc.  That said, many properties, dependent on location and lot size, are allowed to have secondary detached (or attached) structures on the property.  A land use planner or direct contact with our zoning and/or building departments would give you a definitive answer, but you do have options:

For instance, pool houses, artist studios, guest houses, and residential second units may be permitted given the right conditions.  I don't believe pool houses and artist studios are meant for overnight occupation, though guest houses allow a certain number of nights occupied per year.  They are meant for guests and aren't supposed to include cooking facilities, they limit sink sizes, square footages are limited based on lot size, etc. 

Residential second units are probably the least understood by most local Realtors, but they offer the greatest amount of flexibility and value.  From my recent discussions with land use professionals I believe they have square footage limitations and attached/detached considerations based on lot size and location, but allow an owner living on the property to install full cooking facilities and even lease out the unit for income.

I hope this helps.

Best regards, Jon Perkins
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January 04 2011
Profile picture for rbosselmann
Definitely good advice in recommending that you visit the city zoning dept. for an accurate answer on a specific property.  A property may be zoned R-2 , leading one to believe that two units are allowed but upon further research, there is usually a minimum lot size required to build that second unit.  If the property is outside city limits you will need to go to the County offices which are just far enough up Anacapa from the City offices to make you jump back in your car, find a new parking spot and get a little frustrated.  When you get there you will be relieved to find that both the County and City employees are very helpful.
Rich Bosselmann
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January 03 2011
Generally speaking, a single family home can have a "legal" guest home but it is not supposed to be used as rental income.  As Richard pointed out, if it is on a lot that is zoned for multiple units then this is a different story. 

With that said, many units in SB are rented out as probably in many area in the country.

If you have any further questions I would be happy to be of help.

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September 13 2010
Profile picture for SoCal Appraiser
Guest units are usually a 'grey area'. Even if the guest unit is not permitted as a true guest unit, it may still add value to the property. So even after investigations on the rental, though 'illegal', its still may be worth something to the buyer and seller.

Best to talk to a local Realtor. If GUs are typical for the area, it may not be a big deal. But if you buy the property, rent it out, and it burns down and kill your tenants, yes, its a big deal...Get informed via Realtors, city planning and your common sense.
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September 12 2010
Profile picture for wetdawgs
Santa Barbara is riddled with under cover rental units.    Call the local planning department for the zoning of the area and what constitutes a legal rental unit.

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September 11 2010
It depends on the Zoning, and permits the property has.  For example R1 zoning typicly means that the property can only have one unit on it.  R2 zoning means it can have two units provided curtain requirements are met.  If you have an address or MLS number I'd be happy to look it up for you.  If you would like to take a look on your own, I have real time MLS access at my website [link removed by moderator] .  The MLS detail will usually provide the zoning.  Another source is the County assessors website

Rich van Seenus
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September 11 2010
 

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