Rezoning Laws from Residential to Business
Written by craig b

Rezoning Laws from Residential to Business

Most counties and municipalities have zoning regulations that apply to all property in their jurisdiction, including residential, commercial, industrial, agricultural, and mixed-use properties. There are subcategories within each class that include building features such as frontage and land requirements. A property owner may wish to rezone a property so that it can be used for a new purpose. The most common reason for rezoning is when a property owner wishes to operate a business on a residential property or alter the zoning of a commercial property from one type to another.

If you’re thinking about starting a home-based business, you should learn about your city’s zoning laws. Zoning regulations are implemented at the local level, which means that if you wish to request a change in the way your residential property is categorized, you’ll need to follow the zoning board’s processes.

Basics of Zoning

Zoning rules are in place to protect the nature and purpose of property while also separating incompatible land uses. Furthermore, zoning protects existing companies and residents against future growth. Commercial, residential, recreational, industrial, and agricultural properties are the most common types of property. Zoning guarantees that residential areas are laid up in such a way that there is enough room for dwellings, utilities, schools, and street development.

Commercial to Residential

Single-family and multi-family homes are often zoned for residential purposes. It might be difficult to have a residential property rezoned as a commercial property since commercial land use can intrude on privacy and increase traffic. A municipality’s residents have the right to petition their local zoning board for approval to rezone their residential property. It is, nevertheless, more typical to request a variance. A variance is merely a permission to utilize land in a way that is not permitted by current zoning regulations.

Entrepreneurship from Home

Although zoning rules vary, many localities allow residents to run a company out of their homes; nonetheless, there are various restrictions. For example, if the primary purpose of the land is for residential use, a home-based business is frequently permitted without the need for a variance or registration. There are frequently limitations on the amount and size of signage, as well as parking and the number of vehicles that can be utilized in conjunction with a home-based business. Furthermore, it is typical for communities to limit the number of customers or clients who can come each day.

Procedures for Rezoning and Variance Applications

If you want to run a significant home-based business that would be too large to comply with residential zoning rules, you’ll need to get permission from your local zoning board or planning commission to have your property rezoned as commercial. Although procedures differ by municipality, public notification, discussions with planning commission officers, and neighborhood meetings are all part of the process. Public notification and neighborhood meetings are usually part of the variance application process.

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Craig Cherney is a trusted client advisor and a sought after real estate expert witness who is hired by the nation’s top Real Estate Litigation Attorneys to help resolve their litigated real property matters.  Craig has appeared as a testifying expert witness before judges and juries in California, Arizona, Nevada and other jurisdictions across the country. Craig Cherney, Esq. Expert Witness Real Estate480-399-2342.

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