Understanding Your Zoning Options: Rezoning, Conditional Use Permit, or Variance

When purchasing a property that doesn’t conform to the city’s zoning ordinance, it’s crucial to understand the options available to bring the property into compliance. Rezoning, conditional use permit, and variance permit are three main avenues that can help address zoning issues. This article will provide a detailed overview of each option and discuss their benefits and typical applications.

Rezoning: Changing a Property’s Use District

Rezoning involves requesting a change in the designated use district for a particular property. This option is suitable when the current zoning doesn’t align with your desired use. For example, rezoning may be necessary if you wish to convert a residential property into a commercial space. However, it’s important to note that rezoning can be a complex and time-consuming process.

The first step in the rezoning process typically involves applying to the local planning department. The application will require detailed information about the proposed use and its compatibility with the surrounding area. The planning department will review the application and may hold public hearings to gather input from the community. Ultimately, the decision to approve or deny the rezoning request lies with the city council or zoning board.

Common Rezoning Issues

Rezoning can be beneficial for various scenarios. Some common issues that can be addressed through rezoning include:

Landfills: If a property is located near a dump and the current zoning prohibits specific uses due to environmental concerns, rezoning may provide an opportunity to address these limitations.

Roadways: Sometimes, existing zoning regulations can restrict development near busy roads. Rezoning can help alleviate these restrictions, allowing for more flexible land use in such areas.

Halfway Houses: Zoning ordinances may limit the establishment of halfway houses in certain areas. Rezoning can create opportunities for these facilities to be established in suitable locations, ensuring proper support for individuals transitioning back into society.

Variances: Waivers or Modifications of Zoning Requirements

If your intended use for a property doesn’t comply with specific zoning regulations, applying for a variance may be an option. A variance grants a waiver or modification of particular requirements, allowing you to proceed with your plans while deviating from the existing zoning regulations. This option is typically pursued when meeting the exact zoning regulations would cause practical difficulties or unnecessary hardships.

To obtain a variance, you must demonstrate that strict compliance with the zoning regulations would result in “undue hardship.” This usually requires proving that the property has unique physical characteristics or limitations preventing the owner from enjoying reasonable use without a variance.

Common Issues with Variances

Variances are often sought to address specific challenges related to a property. Some common issues that may necessitate obtaining a variance include:

Setbacks: It refers to the minimum distance required between a building and property lines or other structures. If your property has limited space for setbacks, obtaining a variance might be necessary to move forward with your development plans.

Unique Topographical Features: Properties with special topographical features, such as steep slopes or bodies of water, may require a variance to accommodate development while maintaining compliance with zoning regulations.

Conditional Use Permits: Permitted Uses with Conditions

A conditional use permit (CUP) allows for specific uses of a property not typically permitted in the designated zoning district but may be allowed under certain conditions. This option is ideal for situations where the proposed use aligns with the broader purpose of the zoning district if specific requirements or limitations are met.

The CUP application process involves submitting a detailed proposal to the local planning department. The proposal must outline the intended use, explain how it aligns with the community’s best interests, and address any potential impacts on the surrounding area. The planning department will review the proposal and may require public hearings to gather feedback before deciding.

Process for Approval

The approval process for rezoning, conditional use permits, and variances typically involves several stages. These stages may include:

Staff Review: The initial step involves the planning department reviewing the application or proposal to ensure it meets the requirements and provides adequate information.

Planning Commission Review: The planning commission, a group of appointed officials, will evaluate the application or proposal in more detail. They may hold public hearings to gather input from the community and consider the impact on the surrounding area.

City Council Decision: The final decision to approve or deny the request lies with the city council or zoning board. They will review all the relevant information, including staff and planning commission recommendations, before making a final determination.