Getting Your Rezoning Request Approved
UPDATED: September 18, 2013
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The property owner wants to reclassify his property to be permitted to use his land in a more desired way. His success in being allowed to rezone varies with the jurisdiction, his particular situation, and the type of rezoning he is requesting. In general, he has a better chance of approval when the rezoning request is consistent with long range land use plans of the local government, when there is an error in the original zoning classification for his property, or when changes have occurred in his neighborhood which prevent use of his land as originally zoned.
The Rezoning Process
The local government usually has a zoning commission which handles rezoning applications for a future public hearing. After filing an application with the city hall, the zoning commission will review it to determine if you are the property owner and how the requested rezoning classification might affect the neighboring properties. A notice is posted in a public forum for a public hearing to take place. This process takes anywhere from 90 to 180 days. If neighboring property owners have any objections to the rezoning of your particular land, they will usually have the opportunity to offer their comments and concerns before the zoning commission makes its decision. The likelihood of obtaining a rezoning on a specific property depends on how you would like the property to be rezoned and future local plans for the surrounding properties. No two rezoning applications contain the same exact parameters, so the likelihood for rezoning approval is case specific.
Getting Help in Rezoning
A local attorney can help you prepare the initial application and assist you throughout the process, including helping you make a convincing argument to the zoning board as to why your request should be granted. So, consider hiring a lawyer to increase the chances that your rezoning application will be approved.