Can You Get a Variance on a Site's Commercial Zoning Restrictions?
Every city, large and small, has zoning laws that help regulate city planning and keep the community healthy and safe.
Project owners should be aware of the zoning regulations in the area where they want to build a structure for commercial use. Zoning regulations can affect the size of your building, what it can be used for, and even place restrictions on its design.
This article will explain everything you need to know about commercial zoning.
Is It Possible to Get Around Commercial Zoning Laws?
When a zoning law restricts your business, but you believe your business will not negatively impact the community, you can apply for a variance.
A variance is a special permit that allows property owners to build in a zone that would typically be prohibited for their specific uses.
There is a process for getting a variance on zoning ordinances, which we will discuss in more depth later.
What is Commercial Zoning?
Commercial zoning is a set of regulations that determine the location, type, and parameters of local business development.
Business owners must follow these zoning codes when constructing their commercial buildings, or they will not be able to get a permit for their projects.
Commercial Zoning vs. Residential Zoning
The regulations placed on residential properties differ from those used for commercial development.
Residential
Residential zones may provide designations for the design of homes in residential areas.
The regulations will generally include the number of buildings allowed per lot, the required road frontage, and a minimal habitable floor area.
More specific regulations may determine the color palette and materials used in the architecture, the layout and design of the home, how far it must sit back from the road, and the building's height and size.
Commercial
Commercial zoning laws are much stricter. They often include all the regulations listed for residential zones and more.
Regulations on commercial zones cover the FAR (floor area ratio) or lot coverage allowed by the commercial building.
The number of off-street parking spaces is another common regulation in commercial zoning laws.
Zoning may dictate the parameters of road access to the business, waste management, and signage.
Commercial structures will also be expected to follow guidelines in the zone regulations on building exits, fire escapes, and safety issues.
A business’s contribution to noise levels and air quality in the environment will be a major deciding factor in its location.
This list covers most commercial zoning laws. However, depending on the location and zone type, extra parameters may be expected.
Types of Commercial Zones
Each municipality will have set districts on the zoning map that regulate not only the parameters of commercial zones but also the types of commercial activities that can be performed within those districts.
These six different types of businesses separate commercial zoning areas.
Retail Zone
This zone can contain shopping malls, large shopping centers with multiple stores, boutiques, restaurants, and other retail stores.
In some retail zones, bars or liquor stores may be restricted in their location or not permitted at all. This is usually due to the proximity of parks, schools, or other areas children frequent.
Entertainment Zone
You will find amusement parks, theaters, and concert halls in areas zoned for entertainment.
Again, there may be restrictions on where or if adult entertainment will be permitted due to proximity to residential areas.
Hospitality Zone
This type of zone includes hotels, motels, and resorts.
Industrial Zone
Buildings made for machining or industrial uses, such as factories, warehouses, and distribution centers, can be located in these areas.
Office Zone
This includes business parks, skyscrapers, office complexes, professional service buildings, corporate headquarters, and co-working spaces.
Mixed-Use Zone
This zone can consist of a mix of commercial and residential spaces.
These zones often have apartment buildings, restaurants, and corner shops but rarely single-family homes.
Can You Rezone an Area?
To get an area rezoned, you must apply with the local authorities and present your reasonings. A public hearing will be held to get the community’s input on the matter.
Rezoning must be for the benefit of the economy and the shifting needs of the community. If your proposition doesn’t fulfill either of these, you probably won’t get your petitions granted.
Zoning Considerations to Keep in Mind When Planning Your Project
Project planning is the most crucial step to ensuring everything goes smoothly, and following zoning regulations should be an integral part of the planning process.
Suppose you fail to educate yourself on the zoning regulations that may limit your project. In that case, you may run into serious complications, perhaps even coming to a full halt.
Here are three zoning considerations you should keep in mind during the planning process:
Environmental Issues
When considering your lot, look for any potential environmental constraints or requirements that are in effect for this zone.
Wetlands and floodplains may be considered an endangered species habitat. This could limit your business activities if they are considered dangerous to these species.
You may also be limited in land use area, needing to leave a certain amount untouched for the flora and fauna native to the area.
If you purchase a contaminated site, you may have to perform intensive decontamination procedures before using the land.
Of course, if your activities could contaminate the area in any way, you may not be granted approval to conduct business. Compliance with environmental regulations is necessary to obtain any permits or approvals.
Learn more: Green Features to Consider for Your Commercial Building
Design Standards
What are the design standards and guidelines established by the local planning department or design review board? Do these standards coincide with your brand standards? Do they limit your project plans?
Zoning design guidelines may encumber your desired signage and landscaping. It is wise to thoroughly investigate these standards before you purchase a commercial site.
Special Use Permits
Will your business require obtaining a special use permit? Several may be available for your property.
Conditional use permits are zoning exceptions that allow a property to be used in a way that is not generally permitted within a particular zoning district.
Ancillary or Accessory Use Codes
Ancillary use codes allow certain types of businesses to be located in a zone that does not match.
For example, a gas station may be located in an industrial zone even though it does not meet the zoning ordinances because workers will need this business to travel to and from their place of employment.
Accessory use codes regulate the extra elements that may be allowed on the property. For instance, alternative energy systems, storage buildings, or fuel tanks may or may not be allowed at this gas station.
It is important to know the codes placed on your property to see if they align with your business needs.
How Zoning Variances Work
As promised, let’s dig deeper into zoning variances as a potential solution to your zoning problems.
What is a Zoning Variance?
Getting special permission to use a piece of commercial property in a way that's different from what the zoning rules typically allow is called a zoning variance.
These are granted by the planning commission or zoning board.
A viable argument must be made for a variance to be approved, stating that the zoning regulations place undue difficulties on your business and that making the requested amendments will not harm the surrounding community.
Types of Zoning Variances
There are two types of zoning variances: use variance and area variance. Let's discuss the specific criteria of each and how they differ.
Use Variance
This type of variance is an exception to the zoning rules for a specific property pertaining to land use. For example, a business may be permitted in a residential neighborhood if it meets the residents' needs.
Area Variance
Unlike a use variance, which deals with how the property is used, an area variance focuses on the physical aspects of the property. An example of an area variance is changing the setback requirements to allow a larger building to fit on a small plot.
How to Get a Zoning Variance Approved
The first step to getting a zoning variance approved is to research your area's local zoning regulations and requirements, including the specific criteria for granting variances.
Next, you must gather all your documentation, such as site plans, surveys, architectural drawings, and any other relevant information to support your request.
Fill out a zoning variance application and pay the necessary fees. Be sure to include the documents you gathered with your application.
The local government will usually hold a public hearing for neighboring businesses and residents to provide support or opposition to your request.
The local zoning board will review all information and decide whether to approve, deny, or conditionally approve your variance request.
Some variances are approved with conditions. If your variance request is denied, you have the option of appealing.
How Working With ZP Architects & Engineers Can Simplify Zoning Variances
At times, having a knowledgeable and experienced person at your disposal is invaluable. Applying for a zoning variance is one of those times.
ZP Architects & Engineers can provide expertise and support with:
Site Assessment
This step is essential for evaluating how the proposed variance may impact the site and surrounding areas. This information is needed to present a well-researched and fact-backed proposed variance.
Design and Planning
Our team can help illustrate how the variance will be implemented. We can also step in and demonstrate our plans to comply with zoning regulations to regulatory authorities and your stakeholders to get them on board.
Code Compliance
Our trained eye can identify potential conflicts or issues early in the process before rectifying them becomes costly and pushes your schedule back. Better yet, we can also propose solutions to address them.
Professional Representation
Standing in front of officials and presenting your case can be intimidating.
We can help by clearly and compellingly presenting the project's design, the rationale for the variance, and any supporting documentation.
We are also available to assist in preparing materials for public meetings or hearings, including presentations, exhibits, and responses to stakeholders' questions or concerns.
Project Management
When you are new to the process, jumping through all the hoops and staying on task can be difficult. Our team can ensure timelines are met and documentation is submitted accurately.
We will also help ensure all stakeholders are informed of any progress and hiccups along the way.
Our team often collaborates with other consultants, such as land use attorneys, traffic engineers, or environmental specialists, to address various aspects of the zoning variance that may be more complicated.
Recap
Yes, zoning laws and regulations can be a headache, but it is possible to get a zoning variance when you believe your circumstances are an exception to the rule.
Additionally, having a team of professionals who have navigated this process numerous times can be immensely helpful.
We’ve been there, and we can help. Contact ZP Architects & Engineers today.
