Buzz
Many regions have specific zoning regulations governing properties, covering residential, commercial, industrial, agricultural, and mixed-use areas. These categories include subcategories detailing building requirements such as frontage and land specifications. Property owners often seek rezoning to enable a different use, commonly to open a business on residentially zoned land or alter commercial zoning. While rezoning procedures vary by location, there are general steps to follow.
Procedure
Understanding Zoning and Local Regulations
Research the zoning classification of your target neighborhood: Contact the local planning department to determine the zoning of the area. Common categories include single-family residential, multi-family residential, transitional, and mixed-use zoning. Each designation allows specific types of development, ensuring the area's character and functionality.
Assess if your property plans align with the neighborhood's zoning. Determine your property's intended use and compare it with the neighborhood's zoning. This will indicate if rezoning is necessary. Seek guidance from your real estate agent or attorney.
Review local zoning regulations. Explore your municipality and county websites for zoning ordinances. Additionally, visit the planning and building office to obtain a zoning map. This helps understand the property's zoning and potential need for a variance.
Important: Historical sites often have rigorous restrictions regarding property appearance and usage.
Initiating Rezoning
Complete an application. Visit your municipality's planning and building office to request a rezoning application. Provide details on the current and desired zoning classification, along with a property map and parcel number. Be aware of application fees, which range from $1,000 to $5,000 based on property size.
Issue public notice. In certain states, zoning variance petitions must be published in local newspapers to inform residents of proposed property use changes. This notification ensures awareness of potential impacts on surrounding properties, roads, or utilities. Advertise your petition within a specified timeframe before the zoning board meeting, including the date, time, and location.
Hint: Some municipalities may specify which newspaper to use.
Prepare for application review. The zoning board will inspect your property and neighboring properties to assess potential impacts. They'll also evaluate public services and consult with relevant municipal departments to understand zoning effects. Additionally, they'll review existing ordinances and long-term land use plans.
Await zoning board recommendation. If your request aligns with ordinances and long-term plans, the board may recommend approval. Conversely, they may suggest denial if it conflicts with regulations or could harm neighboring properties. Their recommendations prioritize the well-being of the applicant, neighbors, and community.
You'll receive written notice of the board's recommendation and findings before the public hearing.
Participate in a public hearing. The zoning board will vote on your rezoning request during their next meeting, which is open to the public. Attendees can express their support or opposition to your request. The board will then vote on recommending or denying your application.
- They may also vote to grant a zoning variance different from your request, aligning more closely with community needs and ordinances.
Anticipate legislative action. If your request receives a recommendation, it goes to the local city council or county commission for final approval. This governing body must vote to approve your application, a process that may take up to two months. They may require a public notice period before the hearing and a waiting period afterward before final approval.
Challenging a Zoning Decision
Initiate an appeal with your city council or county commission. If your zoning application is denied, you can appeal to your local governing body, though additional filing fees apply. The appeal process may take up to two months and must be filed within a specific timeframe after the public hearing.
Challenge the zoning board’s decision. You can attempt to persuade your governing body to overturn the zoning board’s decision if you believe it infringes on your property rights. Demonstrate how your property plans won't negatively impact the area and highlight any arbitrary decisions or lack of factual support by the board.
You may also argue that the board’s decision failed to meet the legal criteria for an adverse ruling.
Initiate legal action by filing a lawsuit in circuit court for a certiorari review of the decision. If your appeal is denied by the city council or county commission, you have the option to file a lawsuit in circuit court. The court will conduct a certiorari review, examining the case's transcript and records submitted by the zoning board.
- The zoning board will provide the circuit court with transcripts and sworn copies of the records.
Await the court's ruling. The court may affirm, reverse, or amend the zoning board’s decision. Typically, the circuit court upholds the zoning board’s decision unless evidence and law dictate otherwise. If the court does overturn the decision, it will remand the case to the zoning board with its recommendations.
