Even though the zoning regulations legally forbid you from using your property in the manner you desire, there are several circumstances when you do not need to file for rezoning:
- Non-conforming use: After you started using your property in a certain way, the zoning regulations changed.
- Conditional use: Under some circumstances, you may use your property in a manner that is against zoning regulations.
- Variations: As an exception to the norm, you are allowed to utilize your land in a manner that is against zoning restrictions.
You must submit a rezoning application if your use does not fit into one of these categories and also contravenes the zoning regulations.
How Do I Make a Zoning Request?
Following are the steps involved in a rezoning request:
- Submitting a rezoning application and associated fees to the local zoning authority
- Giving notice of the intended rezoning to nearby property owners
- Taking part in open public meetings to talk about the change with locals and governmental organizations
What Are the Main Zoning Types?
Zoning may seem like a straightforward real estate topic in and of itself, but there are many different forms of zoning. The main types consist of:
- Area zoning
- Zoning by contract
- Zone reduction
- Visual zoning
- Subdivision
- Zone buffering
Spot Zoning: What Is It?
When a modestly sized plot of land or part within an established neighborhood is picked out and put in a different zone from that of nearby properties, spot zoning results, for instance, if it serves a useful use for the locals, a park or school might be allowed in a strictly residential area.
The courts have ruled spot zoning illegal in various parts of the country because it conflicts with the community’s general zoning plan or the area’s current land use-zoning plan. The public interest, how spot zoning affects the current uses of surrounding properties, and any consequences the zoning may have all play a role in determining whether the exception is legitimate and justified by the facts.
Contract Zoning: What Is It?
A property owner may enter into a written agreement with the local government to rezone particular parcels of land in some localities, thanks to contract zoning. The owner consents to any restrictions or limitations imposed on such plots by the town. Other lots with similar zoning would not necessarily be subject to the conditions.
How Does Down Zoning Work?
Rezoning a plot of land for less-dense uses is known as down zoning. Only low-rise apartments or single-family homes are permitted under downzoning, which forbids high-rise residences. Restricting industrial use while allowing retail services is another. Down zoning is one of the most popular methods for preventing development and limiting suburban expansion.
Esthetic Zoning: What Is It?
Adopting esthetic zoning regulations by some neighborhoods is one of the zoning types spreading the fastest. In terms of landscaping, color schemes, mailboxes, fences, solar panels, decks, satellite dishes, material kinds, and roof forms, these ordinances outline what is and is not acceptable for landowners. According to aesthetic zoning legislation, building designs may need to be filed and approved by an architectural review committee before construction can begin.
What Is a Subdivision?
Just as the name implies, a subdivision separates a single parcel of land into smaller, independent pieces or lots, either to facilitate future development or for sale as a divided parcel. The process of approving a proposed subdivision typically comprises several steps, such as public notice and comment periods and public hearings before locals and government representatives.
Buffer Zoning
A completely single-family detached residential area and an apartment complex are separated by a strip of ground that is left undeveloped so that it can be turned into a park, a small driving range, or a space with grass and trees. Local governments and developers are increasingly using this method as a standard planning strategy.
Land Use, Planning, and Zoning
Local governments have power over how land is utilized through zoning, planning, and land use legislation; this authority is typically used to establish homogeneous communities and districts. Buildings are subject to several types of zoning, which can be highly complicated.
Zoning law violations can be serious, expensive, complicated, and involve conflicts with a variety of different governmental agencies and neighbors. It is advised that you get in touch with a real estate attorney for more information.
Commercial Property
A subset of real estate law known as commercial real estate law sets requirements for business leases and the purchase and selling of commercial real estate. You can review potential lease contracts and avoid future complications with the assistance of commercial lease attorneys acquainted with commercial lease terms.
You can get advice from a real estate attorney on whether it would be better for your business to rent or buy a commercial location. A real estate lawyer can also give you advice on whether your intended business will abide by local zoning and land use laws where your commercial space would be.
Cooperatives and Condominiums
Cooperatives and condominiums are both examples of “common-interest” communities. Owners of condominiums are typically subject to CC & R (Conditions, Covenants, and Restrictions) agreements. Violators may be penalized, and those accused of violating the law may find it helpful to consult with seasoned CC & R attorneys.
Construction Conflicts
In the construction industry, disagreements are common, and many of them center on construction delays. Construction dispute mediation can be an excellent, less expensive litigation option because disagreements over delays can be uncomfortable and time-consuming.
Where mediation has failed, real estate attorneys may also be of assistance.
In the event of a construction dispute, a real estate attorney can assist you in weighing your alternatives and acting in your best interests. Additionally, there are distinct dates, methods, and specifics for initiating a case in each state for a claim of a breach of a building contract. A lawyer can assist a party in adhering to the relevant procedural rules and compiling all necessary documentation to demonstrate a breach.
How Can I Improve My Chances of Getting My Request Accepted?
When requesting rezoning, especially if you need it to run a business, there are influential persons in your neighborhood you can contact:
- Municipal business leaders
- Trade and business organizations
- Owners of nearby properties
You have a high chance of winning their support at the public hearings if you can persuade them that rezoning will improve the neighborhood’s economy by attracting more business and creating jobs for locals. This may play a significant role in getting the zoning office to approve your application.
What if My Request for Rezoning is Rejected?
The rezoning procedure may involve more than just submitting a rezoning application. In the event that your request is turned down, you still have a few choices:
If you cannot otherwise utilize your land, the rezoning would not have any unfavorable effects, or the denial was otherwise unfair or irrational, you should make an appeal to the local appeals board. This may be necessary before you can make an appeal in court. It is also the ideal place to start.
Make sure you have a solid argument before taking your case to court because judges will often defer to a local government agency’s judgment.
Do I Need an Attorney for Real Estate?
When public hearings about your rezoning proposal take place, a real estate attorney will be an invaluable asset.
These hearings frequently include making a case for how the rezoning will benefit the community. You may also require the advice and knowledge of a real estate attorney, depending on how far you are prepared to go in your rejection appeal.
