Rezoning land. Is this better handled by an attorney or who?

Question

In my first researching in zoning years ago, it would seem a near nightmare to get zoning changes done. Is this procedure generally done with "special funding" outside the office? Has anyone here rezoned anything? Why would I need to involve an attorney? What can one expect to pay to get zoning changes?

Jon Holdman · Answer

I've not done this, but its been a hot topic at city council recently, thank's to a redevelopment plan that outlines different zoning than we currently have. There was a lot of discussion about the process. Someone has to file a new plan. Then there are a series of hearings. Neighbors get to chime in. Even though I could requires my lot be rezoned from its current R2 zoning to "medium high residential" that would allow me to build 10 townhomes on my lot, I seriously doubt I would ever get the neighbors to agree. It would be a battle, even if it did eventually happen. In another case, I was looking at house that was half commercial and half high density. The planner I spoke with acknowledged the zoning was screwy, and said there shouldn't be any issue with making it all high density. It would, however, take two hearings, and a couple hundred bucks. In the end, there wasn't enough parking, so I didn't buy that property. I've also seen it happen with a local business that wanted to expand. It took them years and a lot of work with the city and neighbors. And that was expanding their existing business into a vacant lot (2-3 acres) between their business and the freeway. Its going to very much depend on the planning department that governs the zoning, and their process. If you're doing something consistent with their master plan (called a "comprehensive plan" here) or a plan for an area ("subarea plan"), then it will be easier. If its something the neighbors want, it will be easier. If you're going against either of those, expect a battle. First stop, IMHO, would be to go into the planning office and have a chat with the planner. Get any existing planning documents and zoning maps. Find out what the process is for requesting a zoning change. They will be able to at least tell you the process, and their fixed fees. They should be able to give you and idea of the temperature of the neighbors. The relevant city or county representative would be another good person to consult. During one of my wandering around and poking around open house trips a while back, I encountered a guy who had been very involved with the whole process for the project. A scrape/multiplex rebuild that's popular around here, though very unpopular with neighbors. He told they had a specialist company that handled the permitting issues. This company specifically dealt with zoning, planning commissions, neighborhood meetings, and the like, and was very good at getting that part of the project done. You might try to find a similar company in your area.

Account Closed · Answer

Zoning changes are virtually impossible around my area. The gigantic developers seem to be able to do it occassionally (but not always). It involves lawyers, ecological surveys, traffic analysis studies, engineers, and lots of public hearings with vocal local protesters. Sometimes it is possible to get a zoning varience for one parcel, if the intended use is already listed in the code as being an allowed varience. Each area is going to be different, though. I suggest that you take a meeting with one of your local real estate lawyers and see what he thinks. You can make an offer with a zoning change contingiency. Usually, you'd have to put down a large non-refundable deposit if you want the seller to go through a zoning change, but some sellers are less sophisticated than others, so it's worth a try.

Brad James · Answer

Nothing but good information there. I just talked with my local suburban town today and will call the county tomorrow on my plans. You are dead on about having the "master plan" for their expected future expansion and such. It may very well be to my benefit to bring in a specialist for this task. After all, it ALL hangs in the balance of zoning. That being said, I have my concerns about a big corporate "dude" coming in when I am a farm boy and should be able to associate with the land owners for sure. Property price increase it is the TOP of the list for me and it really means jack for crop production. They will probably have their place with dealing with the planning commission BUT I think my first call will be to my good friend that heads up the codes office. He can probably get me to a good guy in planning. You know how it is, not what you know, it's who you know. Or in some cases, how much cash you have!