If you find yourself faced with a situation in which your intended use of your property is not permitted by local zoning law, then you may be able to change your zoning ordinance as it pertains to your property. Most communities have formal procedures that are available to property owners who want to make a zoning change. Whether petitioning for a large scale zoning change or requesting a specific use be allowed on your property, you should work with a local attorney if you are trying to make a change to how your property is zoned.
Requesting a Special Use Permit or a Variance
Most zoning ordinances will allow you to petition the zoning board for either a special use permit or a variance that will allow a use of a particular piece of property in a way that does not conform with how it is zoned, erect a structure not otherwise allowed, or use the same piece of property for two different purposes. In order to obtain a special use permit or a variance, you will have to follow the procedure laid out by the zoning board. Typically this involves filing a petition to the zoning board that makes a case for your request, presenting your request at a zoning board meeting, answering questions about why your property should be allowed a non-conforming use, and getting permission from the board to use the property in the manner in which you request. Because the process requires you to construct and present an argument, you should consult a local attorney for assistance in understanding and navigating the local requirements involved in altering your permitted land use.
Requesting a Zoning Change
Although a request for a special use permit or a variance is likely the easier, cheaper, and more effective way to change the way your property is zoned, there may be some occasion to request a general change to how your neighborhood is zoned. If your neighborhood is changing, and your property is prepared to lead the way into the new use, then you may want to petition the zoning board to allow the local zoning ordinance to grow as the neighborhood does. The procedure for changing zoning may be similar to that of asking for a variance in that you will have to petition the zoning board and present your argument for a change at a zoning meeting; however, because a zoning change is a larger affair, the petition and hearing will likely be open for public comment, which means, be prepared for arguments. Depending on the community, a change in zoning may require a number of citizens file a request, or that the change be initiated by a public vote. A zoning change that impacts your neighborhood can be a complicated affair because of the procedure and the greater number of people involved, so consult with an experienced attorney prior to taking any action.
Getting Legal Help
Whether attempting to get an allowance for a non-conforming use or change the zoning law in general, it is important to work with an attorney familiar with the process. Not only will an attorney be able to help you with the formal procedure of changing how your property is zoned, but they will be able to connect you with local zoning officials so you may build relationships and informally converse with them about how they feel about zoning changes and what you can do to encourage them that your proposed change is for the benefit of your community. An attorney can assist you in preparing and delivering your argument for a zoning change either formally or informally, and will provide you with the best chance to achieve success in changing the permitted use of your property.