Where they start for rezoning

Question

I have a property that I would like to do more with starting with potentially rezoning. I am not sure where to start. Do I start with a lawyer? Architect? Anyone have experience with this to offer some advice?

Todd Pultz · Answer

@Cindy Chan we are working on 3 rezoning efforts currently. The best advice, get a meeting with City manager, economic development, zoning and gauge their support of what you want to do. Zoning will guide you through the process of you develop a good relationship. Now if this is a bigger city, you might only get a meeting with Zoning official and that’s ok.

From their you will have an online application or in person application. I’m almost all areas, you present to the Planning Commission First and the city staff gives their recommendation on approval or not. If planning commission votes for it, your Not Done. Usually now it has to go to City Council for a couple readings and they vote on it!

You will need site plans at a very minimum to start the process with a detailed plan about your intended use. Architects or engineers can create a quick site plan

Good luck and reach out to me if you need anything

Todd Pultz · Answer

@Cindy Chan I would really have to look at the actual numbers, but this is very general answer and I am not an expert and I do not know your local restrictions, but here is what you need to find out.........

Most unified code ordinances allow the zoning official to issue a variance if it’s within some percentage of change like 10%. This is probably not that case based on the numbers you shared.

Next, most localities have a BZA, “board of zoning appeals”. This board is allowed to issue variances if the owner demonstrates without the variance they would be unable to fully utilize the maximum potential of the property without it. This board is usually volunteer citizens and make a decision based on their own.

If BZA denies the variance, you could the appeal to council in many situations, but not always.

So my suggestion (but this is more cost upfront), is to submit for your building permit (requires you paying architect), then if it gets denied, appeal to the BZA for a variance. However, you may be able to go directly to the BZA, but they will want to see plans etc. if they vote in favor of your variance, you would not have to rezone

Now, you could just go straight for rezoning and may be required to do so by your local government. This would more than likely just require a site plan and pretty basic.

You need to get a meeting with your local zoning person and ask questions and ask for their help. If they are against your plan you will have an uphill battle that you might not want to take on.

A lot of this stuff is about relationships and it does not hurt to find out who the players are that make these decisions and work in those relationships.

Cindy Chan · Answer

@Todd Pultz

Correct. I’m looking to add on to the existing structure to get maybe 4-6 units? That part I have not thought about in detail yet as I need to worry about the zoning first right? Does apply for rezoning involve those specific details to be included?

Todd Pultz · Answer

@Cindy Chaney mr make sure I understand. You currently have 2 units on .33 acres and per your zoning your allowed like 2.65? Correct? So your ok currently with what you have, but your looking good add more units on that .33? Can you tell me exactly how many units and what style construction your going to do to get them? Or are you looking to add additional units in the same current structure?

Cindy Chan · Answer

@Todd Pultz in my case, it is for increasing the number of units that is allowed. It is currently zoned for multi family 1-8 units per acre and I have 2 units on my 0.3 acre. I see a few lots in my area that has rezoned for higher density. Any guesses on how easy/hard this might be to get approved?

Steve Morris · Answer

Get an architect that has worked with "govt planning" (that term gives me chills).

It'll be the quickest way to figure what you want to do.

Jay Hinrichs · Answer

Excellent advice.. rezeoning starts at planning department and works out.. you might get an architect up front just to draw a pretty picture of your wishs  .. in our state rezone is UBER hard and hardly anyone ever tries it.. the state has very specific state mandated land use laws that are quite inflexible.. I mean there is a way in the code to do it.. but rarely granted.

Patrick Orefice · Answer

@Cindy Chan

Often this depends on what you’re rezoning to and from. Most towns and city have “Future Land Use” maps. If the rezoning fits in with this plan, the process can be straight forward and you could potentially handle it yourself (following the jurisdictions online instructions).

If you’re not comfortable doing it yourself, an architect, attorney or civil engineer should be able to help. Often an attorney will be the most costly, but if it’s a super complicated redone can beneficial.

I’m happy to discuss in further detail if you’d like to DM me.

Where they start for rezoning

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