What Does It Mean to Rezone a Property?
What is Rezoning of a Property?
The rezoning of a property can be described as the process of changing the zoning that was previously assigned to a location.
There are many reasons why a property may require an adjustment such as changes in land use, community development, or environmental concerns.
You’ll also find that in addition to rezoning property owners’ houses, other types of buildings and locations may include new land uses or zoning changes as well.
Zoning is the classification of land based on the land use rights that apply to the specific type of zone. Districts are established inside a municipality.
Certain laws apply to the structures of the buildings and the zones in which they are located, as well as the purposes for which they are utilized.
Zoning rules, for example, limit a district’s use to industrial, commercial, or residential purposes. Residential 1 and 2 are subcategories of the categories. The idea is to keep the features of a given zoned region.
Every location is distinct in terms of zoning since it has its own set of regulations governing the use of land and processes.
Check that the zoning is in accordance with the local and declared codes, as well as the building department; otherwise, the rezoning action will fail if an overseeing body of the region is overlooked.
To obtain zoning approval, numerous processes may be required, such as legislation rounds, hearings, and meetings. Rezoning allows the land to be used to its maximum potential.
Factors to Consider in the Rezoning Process
Cities are split into zones, which include residential, commercial, transitional, and industrial areas. These zoning categories limit what may and cannot be done with land within the zone, and changing them can be challenging.
Consider the following factors:
The first consideration is the initial cost of asking for rezoning. To begin the procedure, you’ll normally need to fill out an application and pay a charge.
The cost is determined by the municipality. In Chicago, for example, it’s $0.50 per square foot, so the application price for an 8,000 square foot property would be $400—and you’re not even guaranteed to receive the results you want.
The reason for the zoning change
Officials will want to know exactly why you wish to change the property’s zoning assignment. The reason could make or break your attempt to rezone the land, and they consider not only the current state of the region, but also future intentions.
The effect on neighboring properties
The influence of your plans on the surrounding region is considered. If your planned improvements would have a negative impact on neighboring properties or pose a safety risk, your application will most likely be denied.
The conformity of the new zoning
The future zoning should be considered in relation to all existing policies. You must make sure that your choice is in accordance with current laws and all applicable laws and regulations.
Whether your property is authorized for the proposed classification
You must check whether your property will be authorized for the desired type of use. If you don’t have permission to reclassify, you may not be able to gain approval.
The compatibility of the planned zoned area with existing zones or plans. You must ensure that there is no interference with zoning and development around it, as well as any existing plans.
Zoning Relief in Other Forms
Rezoning is the process of redrawing the map to include your property in a different zone, and it can be a challenging one. Fortunately, there are several rezoning alternatives that may be easier to implement.
Applying for Rezoning
Fill out an application.
Go to your municipality’s planning and building office. Request a rezoning petition application.
You must be aware of the property’s current zoning classification as well as the category to which you wish to alter it. Bring a map of the property as well as the parcel number.
You must indicate the current land use as well as how you intend to use the property differently.
The application fee is determined by the size of the property. Expect to spend $1,000 for less than an acre and $5,000 or more for 25 acres or more.
Understand the deadline for filing an application. Your municipality will need you to submit your application within a specific length of time before the next planning commission meeting.
Make a public announcement.
Some states mandate that all zoning variance petitions be published in a local newspaper. This is to notify individuals in the neighborhood that you are proposing a use for the land that may have an impact on neighboring properties, roadways, or public services.
You must publish your petition within a certain amount of time before the zoning board meeting. The meeting’s date, time, and location must be specified.
Prepare for your application to be reviewed.
Your application will be reviewed by the zoning board. They will first conduct an on-site inspection of your property.
They will also examine the potential impact of your petition on nearby properties. They will examine existing public services and work with any relevant municipal departments to see how rezoning would affect adjacent property uses.
Finally, they will go over any existing local legislation, norms, and long-term land-use plans in the municipality.
Wait for the zoning board’s recommendation.
If the board believes your request is consistent with existing land uses, local rules, and long-term plans, they will recommend that your rezoning request be allowed.
They will suggest a denial if they consider the rezoning request will be in contradiction with local ordinances or would adversely harm neighboring property.
When making these recommendations, the board takes into account the applicant’s health and well-being, as well as the health and well-being of the applicant’s neighbors and the entire community.
Participate in a public hearing.
At their next scheduled meeting, the zoning board will decide on your rezoning proposal. These gatherings are open to the general public.
It allows local neighbors to voice their support or opposition to your zoning request. The zoning board will subsequently decide on whether or not to recommend or deny your application.
They may also vote to grant you a zoning variance that differs from what you requested but is better in line with community needs and local ordinances.
Wait for a legislative response.
If your request is recommended, it is forwarded to the local city council or county commission for ultimate action in some states.
To secure approval of your application, this governing body must vote. This procedure could take up to two months.
Before hearing the request, the city council or county commission may demand a public notice period. In addition, they may be required to wait a certain amount of time following the hearing before finalizing the permission.
How to Rezone Property
Rezoning property can be a time-consuming, difficult, and costly procedure that does not always result in the desired conclusion. Zoning laws are carefully considered in order to identify the optimal use of land for the majority of people in the affected region.
Your thoughts for the optimal use of the land may not be shared by the regulatory agencies or the local population.
It is critical to understand these realities before proceeding, yet rezoning a property can be extremely profitable and helpful to everyone in the region if everything goes as planned.
When it comes to zoning, each place is unique.
Each city, town, and county have its own set of land-use policies and procedures. Rezoning property is impossible without careful study and contact with your area’s governing body, such as the municipal planning and construction department.
To rezone your property, you may need to go through numerous rounds of legislation, hearings, and meetings. Rezoning, on the other hand, is frequently rewarded with better ways to use the land to its best potential.
These are general guidelines for getting your property rezoned, but be prepared to address any additional considerations in your location.
1) Conduct a survey of your property and the surrounding area.
Conduct a general survey of your property and its surroundings. You could be in a residential neighborhood with simply houses and no stores.
You could be in a mixed-use neighborhood that includes offices, stores, apartment complexes, and houses.
Keep an eye on how your neighborhood appears to be changing with the times. Is your city or town undergoing rapid expansion? Is it having trouble providing enough housing or shopping?
You will need to justify your proposed modifications to the governing body, who will then decide whether or not your improvements will benefit the area.
Often, the most hurdles will be found in densely populated cities, as they must carefully analyze every inch that could provide for hundreds or thousands of people.
If you want to convert a business sector in a densely populated metropolis into a residential block, you will almost certainly face far more obstacles than a rural citizen who wants to use part of their land for agricultural purposes.
2) Investigate the rules in your area.
Learning the zoning restrictions in your area is crucial to completing the rezoning process as efficiently as possible.
The easiest approach to get started is to conduct online research from your local government’s websites, examine the present zoning for your property, and speak with your local planning authority.
3) Consult with your neighbors or landowners.
They will be involved in the rezoning process. It is critical to communicate with them and share your plans for your property.
Increased traffic, noise, and other new external variables on your property will have an impact on them as well, and they will not always be willing to accept your modifications.
Take notice of whether the opinion is largely good, negative, or neutral, as this will have a significant impact on how officials perceive your case.
There will almost certainly be someone who does not agree with the suggested modifications, but their requirements can often be overruled.
4) Rezone application
When you have a thorough understanding of the present zoning restrictions and have done your homework, it is time to file a rezoning application with your local planning authority.
Meet with them to discuss your goals and begin the paperwork process.
Your planning authority will request a variety of documents to assess the case, including a land survey, maps, site designs, traffic studies, and more.
You will also have to pay a fee that can run from hundreds to thousands of dollars depending on where you live.
5) Planning Checklist
Your local planning agency will analyze the materials you submitted and make a recommendation to the higher legislative authorities.
Throughout this entire process, it is critical to be as nice, pleasant, and helpful as possible. Provide whatever they require and update your plans as needed to maximize your chances of success.
6) Consultation with the planning commission
The planning commission will then meet with you to discuss any questions or concerns they may have about your request.
Make sure your neighbors are aware that there will be a public gathering where they can vent their issues as well. You should respond to queries and issues in a polite, professional, and knowledgeable manner.
The purpose is to obtain a recommendation that will be sent to the governing authority in your area.
7) Consultation with the governing body
You’re almost there with getting your property rezoned. Your final stage is to present your rezone case before a legislative body in a public hearing before they vote.
Keep in mind that this is another opportunity for those who oppose you to be heard. You will be given the opportunity to speak and address your issues before your case is put to a vote.
If they vote to allow your property to be rezoned, you can expect to make the necessary improvements. If they vote no, you will have to wait a year or more before trying again.
Benefits of Rezoning Property
Rezoning property can be extremely profitable for two reasons:
- When rezoning is announced, the value of a property might skyrocket.
- It may enable you to subdivide your lot or sell it to a developer who will subdivide and build residential unit blocks, as well as commercial and industrial properties.
Rezoning property can also save you money. Even if you aren’t planning to sell or subdivide your land, it can still be an extremely beneficial change.
Many cities and towns have specialized zones that enable you to use your property in a way that is more efficient, effective, and productive than the current zoning will allow.
You might be able to build structures that are more suited to your needs and increase your revenue for less money than it would cost outside of the rezone.
Common mistakes when rezoning a property
Providing erroneous landowner information that does not correspond to the person/company mentioned on the rates notice.
Not being aware of any restrictive covenants on the land or property that will preclude particular development activity from being carried out (check the Contract of Sale or the Certificate of Title for details).
Failure to meet development application deadlines or supply extra papers when required may result in an application reverting to a prior stage of evaluation or lapse entirely.
Examples of property rezoning in the real world
Some of the examples are:
Rezoning numerous properties on a single title
Property values in Penrith increased overnight after rezoning revisions were revealed for homes north of Derby Street.
It specifically permitted for the construction of six-story blocks, as opposed to two-story blocks.
This improved the value of these properties from $600,000 to $1 million on average.
Another case in point is a 1,000-square-metre plot of property in Sydney’s inner west, which was rezoned from industrial to eight-story flats. The land value increased from $2 million to $10.7 million as a result.
Rezoning from industrial to residential
The Montague Precinct Structure Plan was endorsed by the Port Phillip City Council in 2012. (With changes).
The plan established a framework for the revitalization of the Montague precinct, allowing for both industrial and residential growth.
Mixed-use zoning occurs when a property has numerous zoning. When the modifications were announced, land values in Montague nearly doubled.
Rezoning agricultural land to residential zoning
The addition of agricultural property within Melbourne’s urban growth limit increased the value of that land from less than $35,000 per hectare to more than $300,000 per hectare.
Difference between rezoning land, zoning variances, and special use permits
Where applicable, zoning exceptions are easier to obtain than zoning revisions. Why would you rezone your land if you didn’t have to?
A zoning exception may be the best option. Special use licenses and zoning variances are two forms of zoning exceptions.
Special use permit
A special use permit permits you to utilize land in ways that are not normally permitted, as long as you follow certain conditions.
If zoning in an area has recently changed, a special use permit may be utilized to “grandfather” in land that was used in a specific way prior to the rezoning. Keep in mind that usage licenses frequently expire when the land is sold or transferred.
So, just because someone else conducted a company on residential land before you bought it doesn’t indicate you’ll be permitted to do so as well.
You must complete the process and receive your own special use permit on your own.
A zoning variance allows you to use the land in ways that would normally be prohibited by local zoning.
Most variance requests are granted if the owner can demonstrate that the hardship is caused by particular conditions or circumstances on the land.
If these particular characteristics or circumstances make it impossible to comply with the zoning standards, an exemption would allow the landowner to use it more easily.
Rezoning land can be a complicated, frustrating and time-consuming task.
However, it can also be extremely profitable for those who are willing to take the necessary steps and invest the required time.
Just make sure you get some professional advice and have all your supporting documents reviewed by the relevant authorities before the rezoning is announced.
Rezoning Property FAQs
What Does It Mean to Rezone Property?
When a property’s zoning classification changes, the property itself is said to be rezoned.
Can I Re-zone my property?
A property can only be rezoned by the Minister for Planning. However, local councils may grant planning permits to modify your property’s zoning, usually in limited circumstances.
Will My Property Value Increase If I Rezone It?
Rezoning a property can increase its value significantly depending on where you live and what you want to do with it.
Things to Consider Before Rezoning?
Rezoning a property involves a number of complex factors, such as the type of zoning in place, the land’s existing area, its existing density, and access to infrastructure.
It also considers how easy it is to build on the land, what you want to build on it, and whether there are any restrictions on building types or design in place.
How much does it cost?
A property’s zoning determines how much it will cost to build on it. How much the property is worth depends on a number of factors, including the size of the block and what you want to do with it.
What Is the Chance of My Rezoning Request Being Approved?
There are no two rezoning requests alike. As a result, it is difficult to forecast whether any request will be granted. The likelihood that the request will be approved is determined by:
Will the People Have a Chance to Agree or Disagree with My Request?
Yes. A notice of a public hearing on your rezoning proposal will be posted by the zoning commission. People from nearby properties are welcome to attend the hearing and voice their opinions and concerns about the modification.
How Long Will the Process to Complete My Rezoning Request Take?
From the time your application is submitted to the date it is accepted or denied, the procedure might take up to 180 days.
Is Challenging a Zoning Ordinance Different from a Rezoning Request?
Yes. Challenging a zoning ordinance necessitates going to court to demonstrate that the ordinance has a direct and negative impact on a property or area.
Should I Obtain Help Getting My Property Rezoned?
You should consult with a real estate lawyer before beginning the rezoning process. You can get help from an attorney in preparing your initial application.
The lawyer can also help you draft a compelling rezoning argument to convince the zoning commission to approve your request.