– The Pros and Cons of Rezoning a Property –
From a developer’s perspective, rezoning a property provides an opportunity to increase the value of the asset.
Through this process, developers can increase or alter the uses of the site to provide it greater versatility. The value of this process often outweighs the risk and uncertainty involved.
But the merits of undertaking a rezoning application need to be weighed carefully against the uncertainty of the process.
The rezoning process typically begins with a pre-application review that occurs up to six months prior to the submission. Municipalities often require that the applicant meet with planning division staff so that the applicant can get information regarding zoning bylaws and potential problems that may be encountered.
A pre-application meeting is usually necessary to allow the community time to review the proposed zoning changes. The meeting is typically announced by posting signs on the site and possibly a notice in a local newspaper. The meeting helps gauge the amount of community support and provides an opportunity for people to voice concerns.
Meetings usually take place in the weeks leading up to the official rezoning application submission.
The next step entails submitting an application form and applicable fees. The form and fee schedules are usually available at local municipal offices and should be obtained well in advance of starting the rezoning process. Applicants will also be required to provide a legal description of the property; proof of legal interest in the property, such as a deed to the property or paperwork showing intent to purchase the property; and a map showing the location and current zoning of the property. More complex applications may have additional requirements, and the local planning department should inform you of them during the pre-application review.
A municipal hearing is usually scheduled from three to four weeks after the application form is submitted. At the hearing, you or a representative may have to testify as to the merits of the rezoning application. As part of the preparation process for this hearing, several agencies will be notified of the hearing, and each will have an opportunity to provide written comments and recommendations during the review process. Agencies that will likely be contacted include the fire department, public works, parks department, local water utility provider and local school board. During this period, developers will be required to answer any questions posed by a planning analyst. A recommendation will be made on the merits of the application from this review.
Once the hearing is completed, a short waiting period begins while the municipality follows the political process through to completion. A city council hearing will be held to debate the application and present an ordinance drafted by the city attorney. The ordinance will usually be read three times prior to municipal approval. Once it is approved, a notice will be placed in the local newspaper, and the rezoning will come into effect.
To be approved by the municipality, the rezoning must usually benefit the public or the general welfare of the community.
Contact a Commercial Real Estate Expert today:
Luke LeGrand, ePRO 210-843-5853
–
–
–
–
–
–
–
