You’re considering the purchase of a particular property, but know it doesn’t conform to the city’s zoning ordinance. As such, you’ve negotiated the purchase contract so that closing is conditional upon you first being able to bring the property, and your intended use of it, into compliance.
What type of application do you make? Rezone it to a district that expressly permits the existing use or the one you desire? Seek a conditional use permit (“CUP”) under the current zoning district where your use is a permitted conditional use? Or is a variance from the ordinance’s regulations the right decision? In covering the topics below for rezoning, conditional use permits, and variances, this article will help you understand which avenue might make the most sense for you.
Contents
- Rezoning
- Variances
- Conditional Use Permits (CUPs)
- Procedure for Approval & How Courts Examine Challenges to Zoning Decisions
- Conclusion
Rezoning
Purpose of Rezoning
Rezoning is the process of changing the zoning classification of a property to allow for uses that are not currently permitted under its existing zoning status. This is used when property owners find that the current zoning does not support the desired use of the land.
Examples of Rezoning
Common reasons for rezoning include wanting to develop residential properties in commercial zones or vice versa. A typical example might be an old industrial site transformed into residential housing to meet urban development needs.
Requirements for Approval of a Rezoning
To obtain approval for rezoning, applicants often must demonstrate how the new zoning designation aligns with the city’s comprehensive plan, the needs of the community, and any potential impact on the surrounding area.
Common Rezoning Issues
Some common issues include community pushback, especially if the proposed changes threaten to disrupt established neighborhoods or local economies. Balancing stakeholder interests is crucial.
Variances
Definition of Variance
A variance permits a property owner to deviate from a specific requirement of the zoning ordinance, mainly due to unique circumstances surrounding the property that create a hardship.
Types of Variances
There are generally two types of variances: area variances, which provide relief from dimensional requirements like lot width or setback, and use variances, which allow for uses not permitted in that zoning district.
Purpose of Variances
The purpose of variances is to provide flexibility in zoning laws to accommodate the unique features of a property without undermining the ordinance’s overall intent.
Examples of Variances
For instance, a homeowner may seek a variance to build a shed that violates setback requirements due to a sloped lot that limits building options.
Requirements for a Variance
To approve a variance, most jurisdictions require applicants to demonstrate that strict adherence to the zoning ordinance would cause unnecessary hardship, without harming public welfare.
Common Issues with Variances
Challenges often include objections from neighbors or concerns about precedent-setting, with local authorities being cautious about granting too many variances.
Conditional Use Permits (CUPs)
Definition of Conditional Use Permit (CUP)
A CUP is a special permission granted to property owners to use land in a manner that is generally acceptable in the zoning district but requires specific conditions to be met.
Purpose of Conditional Use Permits
The purpose of a CUP is to allow certain uses that might have an undesirable impact on the community unless certain conditions are imposed to mitigate those effects.
Examples of Conditional Use Permits
Typical examples include operating a daycare in a residential area or establishing a commercial business in a predominantly industrial zone.
Requirements for Approval of a Conditional Use Permit
Approval generally requires the applicant to showcase how the proposed use complies with existing zoning laws and meets the conditions set forth by local authorities.
Common Issues with Conditional Use Permits
Concerns can arise regarding the proposed use’s impact on local resources, traffic, and neighborhood character, often leading to detailed review processes.
Procedure for Approval & How Courts Examine Challenges to Zoning Decisions
Who Reviews Rezoning, Conditional Use Permit, and Variance Applications
Typically, local zoning boards or planning commissions are responsible for initial reviews. Their recommendations or decisions may then be presented to the city council for final approval.
Legislative vs. Administrative Review
While legislative review pertains to broader zoning law changes affecting entire districts, administrative reviews often pertain to individual applications, providing a more streamlined process.
Method and Standard of Reviews for Appeals to the Courts
When decisions are appealed, courts examine the public record for procedural correctness and whether the decisions align with the community’s interests and comprehensive zoning plans.
Conclusion
Choosing between rezoning, a variance, or a conditional use permit depends on your specific circumstances and goals. Each option carries its nuances, processes, and community impacts. Consulting with a land use lawyer is crucial to navigate the complexities of zoning laws in your city effectively. With the right approach, you can find the best solution for your zoning challenges.
