Getting Your Rezoning Request Approved

The property owner wants to reclassify his property to be permitted to use his land in a more desired way. His success in being allowed to rezone varies with the jurisdiction, his particular situation, and the type of rezoning he is requesting. In general, he has a better chance of approval when the rezoning request is consistent with long range land use plans of the local government, when there is an error in the original zoning classification for his property, or when changes have occurred in his neighborhood which prevent use of his land as originally zoned.

The Rezoning Process  

The local government usually has a zoning commission which handles rezoning applications for a future public hearing. After filing an application with the city hall, the zoning commission will review it to determine if you are the property owner and how the requested rezoning classification might affect the neighboring properties. A notice is posted in a public forum for a public hearing to take place. This process takes anywhere from 90 to 180 days. If neighboring property owners have any objections to the rezoning of your particular land, they will usually have the opportunity to offer their comments and concerns before the zoning commission makes its decision. The likelihood of obtaining a rezoning on a specific property depends on how you would like the property to be rezoned and future local plans for the surrounding properties. No two rezoning applications contain the same exact parameters, so the likelihood for rezoning approval is case specific.

Getting Help in Rezoning

A local attorney can help you prepare the initial application and assist you throughout the process, including helping you make a convincing argument to the zoning board as to why your request should be granted. So, consider hiring a lawyer to increase the chances that your rezoning application will be approved.

Case Studies: Getting Your Rezoning Request Approved

Case Study 1: Consistency With Long-Range Land Use Plans

John owns a property and wants to rezone it for commercial use. He consults with a local attorney who helps him prepare the rezoning application. The attorney advises John to ensure that his request aligns with the long-range land use plans of the local government. John carefully presents his case to the zoning board, emphasizing how his rezoning request is consistent with the future vision for the area. The zoning board approves John’s request, recognizing the compatibility of his proposal with the overall land use plans.

Case Study 2: Error in Zoning Classification

Amy discovers that her property has been zoned incorrectly, restricting her from using it for a desired purpose. She seeks legal assistance and works with an attorney to file a rezoning application. The attorney highlights the error in the original zoning classification and provides evidence to support Amy’s case. At the public hearing, Amy and her attorney present compelling arguments, demonstrating the need for rezoning to rectify the mistake. The zoning commission recognizes the error and approves Amy’s rezoning request.

Case Study 3: Changes in the Neighborhood

Mark owns a residential property in a neighborhood that has experienced significant commercial development in recent years. He believes that rezoning his property for mixed-use would be beneficial given the changing landscape. Mark engages a local attorney who assists him in preparing a persuasive application. The attorney helps Mark gather relevant data and evidence to demonstrate the changing dynamics of the neighborhood and the need for rezoning. At the public hearing, Mark and his attorney present a compelling case.