Zoning regulations control land and property development. Compliance with the current zoning for a property is mandatory, as zoning violations can lead to a host of legal and financial complications.
Those who already own commercial property, prospective investors, developers and business leaders seeking to upgrade from renting to owning the space in which they operate could all eventually find themselves in a situation where they have plans for a parcel or existing building that do not align with the current zoning for the property.
When there is a conflict between the existing zoning and the desired use of the property, is the pursuit of a variance or an attempt to rezone the property a better solution?
Each option has benefits and drawbacks
The best solution for land use and zoning issues depends on a variety of factors. Zoning variances are meant to address scenarios in which property owners might face hardship due to unusual circumstances, such as a property that is difficult to develop due to its shape or the slope of the land.
Rezoning is often an option in cases where an owner wants to use a property for a purpose not included in the current zoning. Rezoning could be an option if the characteristics of a property or a community have changed since the initial implementation of the applicable zoning ordinance.
Zoning variances tend to be faster, allowing businesses to move forward with their plans for a property more rapidly. However, rezoning can enhance the usefulness of the property for the current owner and could offer benefits to the community as a whole.
To determine which solution for zoning issues is the better option, prospective investors and current property owners can benefit from having experienced legal guidance.