I own a house in a very old residential neighborhood dominated
by 1880's-built single family homes.
The city has zoned the neighborhood such that a developer may
construct a 40-ft high 3-story apartment building. I do not feel this is
appropriate for the neighborhood.
It just so happens that 5 contiguous lots have become available
and are prime for development.
I am considering purchasing 2 of the lots positioned in the
middle of the 5, to prevent unwanted development. My plan would be to buy
the lots, impose a deed restriction or a restrictive covenant on the
parcel to limit the scale of any construction on the lots, then sell the
lots (most likely at a loss).
Among the many listed, I have identified a Zone Code District
description from the city zoning guide whose permitted structures are more
suitable for the neighborhood. The zone code defines what style of
structure may be built, height limitations, set-backs, etc.
Now I need to tie the zone code to the covenant/deed
I realize that I could cut and paste all the specifications of
construction of each type of structure that may be built under the zone code
district designation description. However, the result would be a gigantic
block of text with references to pictures, etc. I do not feel that would
be suitable/practical for a covenant/deed restriction.
Because the property will later be sold with the deed
restriction in place, I fear that too much text would scare away potential
investors. I also fear potential transcript errors and un-linked
references may cause problem in the wording itself.
It seems the most practical way to ensure that any structures
built conform to that defined by a zone code designation is to reference that
zone code designation in the covenant/deed restriction.
I would like the covenant to cover as much definition as
possible, with as little wording as possible, and with no ambiguity.
Simple and concise wording to a known reference, and no potential for
transcript errors from the zone code document into the covenant wording.
“Construction of any structures on the Parcel must conform to
Zone District U-RH-2.5 as defined in the Denver Zoning Code, Article 5, URBAN
(U-) NEIGHBORHOOD CONTEXT, June 25, 2010, Republished July 6, 2015”
If I can include wording without risk, such as the
following: “ ….
and any republished version of the same document”
It was suggested that reference to a document is not favorable
because zone code descriptions may change, etc.
I would very much appreciate an opinion on the risk of
specifying an accessible, published, standard, legal document such as the Zone
Code as the basis for reference in the deed restriction/covenant.
Strangely, although the street where the lots are located is on
the National Registry of Historic Places, the homes are not protected by
a historical designation and there is no protection overlay or limitations
to over-ride the zoning.