Zoning rules limit the use of real property and can sometimes negatively impact business operations, development plans or investments. A zoning variance can allow for the optimal use of a parcel or the development of vacant property when the current zoning doesn’t align with plans for the property.
A zoning variance can allow for the development or business use of a property initially zoned for a different purpose. Those pursuing a variance often need proof of unusual property circumstances and potential hardship created by the current zone for the property.
Zoning variances allow property owners and occupants to use a property for a purpose other than the standard zoning in the area. Does an existing variance provide the same rights and protection to a new owner after a transfer of ownership, or does zoning revert to the prior zoning before municipal authorities granted that variance?
Variances follow property, not its owner
Generally speaking, zoning variances follow the property, rather than applying to an individual owner or occupant of the property. If the current owner sells the property, the purchaser can potentially use the property based on the zoning variance secured by the seller.
Running with the land means that a variance can last indefinitely, allowing every future owner to make use of the modified zoning secured by the current owner. Variances can therefore help protect and even improve the value of commercial properties.
Of course, the process of securing a variance is complex, and those with commercial property holdings generally need support as they pursue a variance. Learning more about Dallas area land use and zoning regulations by seeking knowledgeable legal guidance can help investors and property owners effectively understand and exercise their options.