Can a House that is Not Going to Be Occupied Until the Future Be Considered Vacant?

Full question:

I am trustee for my deceased brothers estate, until his son is 21 years old. Can the city where we live declare the home vacant since no one will be living there until my newphew attains the age of 21?

• Category: Real Property
• Date: 04/07/2025
• State: Ohio

Answer:

It is possible to consider a house that is unoccupied as vacant. Presently containing an occupant may be required not to be deemed vacant. I suggest contacting your local city hall or building department. It may be also possible for the developer to petition for a special use permit or variance. The most common way of providing relief from the provisions of a zoning ordinance is through the granting of a variance. This is an authorization to use land or to operate a business in a way that would otherwise be prohibited by the zoning ordinance. It is also used to give relief from, or permit reduction of, one or more requirements of the ordinance as applied to a particular site.

An appeal is usually made by the completion and filing of an appeal form as required by local procedures, and should include the specific reason for the appeal. The appeal may be brought by a person (the property owner, lessee or option holder) aggrieved by the refusal of the building inspector or designated administrative officer to approve an action, or by a person aggrieved because another person’s proposal was approved, or by a person who has been cited for a violation of the zoning regulations.

Please see the following Cincinnatti ordinances:

Sec. 725-1. - Definitions.

For the purpose of this chapter the words and phrases defined in the sections hereunder shall have the meanings therein respectively ascribed to them, unless a different meaning is clearly indicated by the context. The singular shall include the plural and the masculine shall include the feminine and neuter genders.

Sec. 725-1-D. - Deteriorating Area.

"Deteriorating area" shall mean an area within the city in which:

(a)
At least 25 percent but fewer than 50 percent of the total number of structures and vacant parcels, reasonably distributed throughout the area, meet the criteria and factors specified in Sec. 725-1-B(a); and
(b)
At least 20 percent of the structures, reasonably distributed throughout the area, are deteriorated or deteriorating; or the public improvements are in a general state of deterioration.

See also:

http://library.municode.com/index.aspx?clientId=19996&stateId=35&stateName=Ohio