Fighting Zoning Restrictions on Commercial Properties

Municipal land use and zoning laws are used by governments to regulate how land is used.  There are different zones for residential, commercial and industrial areas.  Some areas are zoned for more than one use.  The laws are strictly enforced.  Laws are constantly changing.  Older and existing buildings are sometimes not required to conform to new laws.  In this case, the building would be “grandfathered in”.  However, this does not mean that the grandfather clauses will remain in effect forever or when a new owner purchases the property. When you are purchasing commercial real estate, you must do your due diligence to make sure the property conforms to the building code and use laws so that you will be able to use the property for your particular business.    

Variances 

Owners and developers are constantly petitioning city planning commissions to obtain variances on current laws for redevelopment and construction projects or to get them changed. Variances are city authorizations which allow you an exemption to the current use laws and other laws regarding the following: 

• Building setbacks
• Signs
• Parking
• Building height and density restrictions 

It is not that easy to get variances and laws changed.   The process is complicated and time consuming.  In order to accomplish this, you must go through a formal process with the city planning office.  The city will conduct a public hearing.  The neighbors or other businesses owners in the area will attend the hearing to voice their objections.  It make take a few months to get a response from the city.

Tips on Getting What you Want and Need 

Here are some tips on how to go about getting a variance or laws changed: 

• You should hire a commercial real estate attorney and a company that specializes in land use and zoning compliance to assist you.     
• Present a professional business plan to the city describing the beginning of your project to the end, and show how it will benefit the neighborhood.
• Be prepared to speak at the hearing and have the right information.  Do your homework and be knowledgeable.
• Bring your attorney and team of architects and other experts with you to the hearing so you and your team are prepared to answer questions and address any objections.
• Be flexible.  You may have to revise your plan slightly to get the variance or laws changed.
• Keep trying, but know when to give up and look for another property.   

Hire an Attorney 

Building code and use laws are complicated.  You should hire a commercial land use and zoning attorney to help you obtain a variance or get the laws changed. You will have a better chance of getting what you need and want if you have an attorney helping you.