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

[Brad James]

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]

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.