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Should a business pursue rezoning or seek a variance?

On Behalf of | Jan 26, 2025 | Land Use & Zoning

Zoning has a direct impact on the characteristics of a neighborhood and the use of real property. Businesses seeking to acquire real property for commercial purposes often have to limit their searches to areas with the right zoning for the company’s needs.

Otherwise, the business may need to address the current zoning to move forward with its planned use of a recently-acquired property. When the zoning for a parcel or building does not align with its intended use, the business owner of the property has two options. They can attempt to rezone the property or request a zoning variance.

What are the differences between these two approaches?

Rezoning is a complex process

Asking local authorities to rezone a parcel or an entire area can be a reasonable request in some cases. It may be the best option when a drastic shift in zoning is necessary. The characteristics of neighborhoods tend to slowly evolve over time.

Factors including other developments nearby could change how people perceive and use properties in an area. The construction of a large manufacturing facility, for example, might lead to residential neighbors leaving the area. Rezoning is sometimes feasible when businesses can show that the characteristics of the neighborhood have changed.

Convincing municipal authorities to rezone a parcel can be a lengthy process that results in permanent changes. Zoning variances, on the other hand, can be faster and easier to obtain. Local authorities may be more open to the idea of granting temporary permission to change the use of a property. However, zoning variances are limited, as they can often only grant minor deviations from the current zoned use.

Exploring different solutions for zoning issues can help businesses acquire the right properties and optimize the use of their existing real property holdings. Both rezoning and variances can help companies use properties for purposes that may not align with the current zoning for a parcel.