These steps are a general guide to getting your property rezoned, but be prepared to tackle any extra considerations in your area. Do a general survey of your property and the surrounding land. You may be in a residential area with only houses and no shops. You could be in a mixed-use area with offices, shops, apartment buildings, and houses. Pay attention to how your area seems to be changing with the times.
Is your city or town experiencing large-scale growth? Is it struggling to provide enough housing or shopping? You will need to justify your desired changes to the governing body , and they will then begin to decide if your changes will benefit the area.
Often highly populated cities will have the most barriers , as they need to carefully consider every inch that could provide for hundreds or thousands of people. If you want to change a commercial area in a densely populated city into a residential block, you will probably face many more challenges than a rural citizen wishing to use part of their land for agricultural purposes. You will need a professional land survey to rezone.
Millman National Land Services provides the easiest way to get a land survey anywhere you are — Schedule a survey today! Learning the zoning rules in your area is critical to following the steps to rezoning in the most efficient way possible. They will have a say in your rezoning process. It is essential to talk with them and discuss your intentions with your property.
If your request is denied by the board, you have the right to appeal there are typically small fees when filing. The appeal process overall can take anywhere from 2 to 4 months to go through your local municipality.
You can meet with the zoning board in the meantime to discuss your intentions with the rezoned property. Make sure to try and satisfy their concerns by showing that your plans for the soon to-be rezoned property will NOT cause any negative effect in the surrounding area.
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A zoning variance basically grants you permission to use the land in a way that would normally be in violation of the local zoning. A variance request is normally granted only if the owner can show that a hardship is created due to special conditions on the land that make it too difficult to comply with the zoning requirements. For example, if steep slopes on a property leave only a small portion suitable for a residence, and the setbacks required by zoning regulations intrude onto that buildable portion so far that only a small shed could fit, the owner might obtain a variance to build within the setback area.
Changing the Zoning Changing a property's zoning is rarely easy. Procedures for Requesting a Zoning Exception or Change Procedures for requesting a zoning exception or change depend on the local ordinances. Get Neighbors' Support for Variance or Zoning Change Before you can obtain a variance or change in zoning, you will likely have to show that your intended use will not adversely affect any neighbors.
Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Real Estate. Buying a House or Property.
Selling a House. Mobile, Manufactured, and Tiny Homes. Homeowners: Taxes, Improvements, and More. Neighbor Law. Selling Your House. See All Real Estate Articles. Related Products More. Commercial zoning: Almost any type of real estate other than single-family homes and single-family lots. Industrial zoning: This type of zoning may be specific to a certain type of business. Agricultural zoning: Agricultural zoning is generally used by communities that are concerned about maintaining the economic viability of their agricultural industry.
It will limit both the density of development and non-farm use land. Rural zoning: This category is most often used to designate farms and ranches.
Combination zoning: This is mixed-use zoning, which can allow a variety of the above uses. Historic zoning: If homes or buildings are 50 years old, they may be included in historic zones. Often, historic zoning properties can qualify for government tax incentives. How do I found out what my land is zoned for? How do you change zoning?
There are a few things to know before you rezone land. It can be expensive, complicated, and time-consuming. Not to mention the fact that there are no guarantees. You can go through the entire process only to be denied. It can be greatly rewarding, or it can be horribly disappointing.
What changing conditions make a case for rezoning? Is there population growth? What about a new road or sewer line that has changed local dynamics? The burden falls on you as the petitioner. Read up on the local rules : Every area has different zoning rules. What can you do or not do? Talk to your neighbors : We hate to break it to you, but your neighbors do have some influence in your rezoning case as well.
Apply according to your local requirements : Your application will consist of numerous forms, surveys, maps, traffic studies, mailing labels, etc.
You will also need to pay an application fee depending on your city. Often, this fee is anywhere from several hundred to several thousand dollars.
Again, this process is expensive! Wait for review : The planning staff will review your request and then develop a recommendation for the local planning commission and legislative body. Be present, show them what you want to do, and provide whatever the planning staff needs. Planning commission meeting : The planning staff will complete its analysis and your request will go to the planning commission.
From there, they will make a recommendation to the local governing body. Because this is a public meeting, anyone can attend. Although a position recommendation is helpful, it is not necessary to move forward. Your case will head to the legislative body next. The local legislative body will hold a public hearing and vote.
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