You may have found the perfect home on the surface. It satisfies all of your requirements and is a perfect fit for you, besides one. Not all areas are zoned to accommodate your requirements. So, what’s next? Is it time to start over?
Not necessarily, thank goodness. That’s where rezoning comes in, or the process of changing the boundaries between different areas.
And there are a lot of procedures to follow, from collecting background documents to gaining local support to presenting a plan at a public hearing.
The possibility of a rezoning application being approved is case-specific, as no two rezoning applications contain the same precise parameters. Let’s examine a few of the significant obstacles posed by zoning laws.
Protests and Government Hearings
The zoning/planning board may demand a publicly announced hearing on a project’s initial presentation or subsequent hearings, depending on the nature of the project.
During these hearings, your neighbors who may have issues with the proposed rezoning of your land can voice their opinions and concerns to the zoning commission before the panel makes a final decision. There may be delays and extra expenses as a result of this feedback.
Producing a Building Code-Compliant
Although they are used for distinct objectives, zoning and building codes are intimately tied together. During local planning and zoning hearings, it is frequently required that any zoning or use change be only permitted if the property in question is brought into full compliance with the statutes governing the applicable building code.
In addition, the following site improvements are required to fulfill the prerequisites for meeting the current criteria:
- Landscaping
- Water retention
- Parking requirements
Problems with Overarching Strategies and Compliance
When a rezoning request is in line with the municipality’s long-term general plan, the owner usually has a better chance of getting their request approved. Zoning is based on municipalities’ general plans, which should adapt to changing circumstances and new ideas.
Sometimes problems develop because the land was incorrectly zoned at the outset or because circumstances have changed, making it impossible to put the land to its original use. Municipalities typically require extensive justifications and arguments before approving general plan changes or rezoned properties.
Upgrades to Existing Facilities Are Required
In most cases, zoning and planning commissions will approve construction projects only if such plans call for off-site enhancements that will strengthen the local infrastructure. As part of their community investment, developers often build or donate amenities like new roads, sewers, landscaping, and open space.
Planning experts favor parallelism between infrastructure development and new construction to avoid towns becoming swamped by growth.
Concessions for the Project
For planning commissions to give rezoning or permission, they may demand certain concessions from the applicant.
A project may have some components, such as the following, updated or added to it:
- Reduced signage
- Controlled lighting
- Landscaping
- Removing or limiting access points
The Timeframes
It could take up to three months to get on a zoning/planning board’s plan, depending on the specifics of the municipality. A rezoning process can take longer than expected if the board decides to hold public hearings on individual projects, as was described above.
More frequently than not, hearings are held, and projects are delayed when significant community resistance exists.
The first step in complying with zoning restrictions is understanding what is expected of you before you launch your firm. Your commercial real estate development project is more likely to be successful if everyone involved has a firm grasp on the obstacles posed by zoning restrictions and the best ways to overcome them.
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