For contractors and developers, zoning laws can be a challenge that my sometimes stand in the way of a construction project. For that reason, it is helpful to be familiar with zoning laws and what a contractor or developer may be able to do about an unfavorable zoning regulation.
Options for addressing zoning regulations
In general, zoning laws regulate the use and control the development of property. There are different options that may help with a troublesome zoning regulation depending the circumstances including:
- Conditional use permit: Based on fulfillment of a condition or set of conditions, the zoning board may grant a conditional use permit for a specified use.
- Variance: It may be possible to request a variance. A variance grants an exception from the zoning regulation. The contractor requesting the variance may be required to demonstrate that an undue hardship exists for them without the variance and that if the variance is granted, there will not be a substantially negative impact on the public.
- Prior nonconforming use: In some circumstances, a prior nonconforming use may be granted if the property was used for planned the purpose prior to the zoning regulation; the property must continue to be used for that purpose for a prior nonconforming use exception to apply.
Zoning laws and regulations can have a significant impact on the ability of the contractor or developer to use the property as planned. As a result, they should be familiar with the options that may be available to them when faced with an unfavorable zoning regulation.
