Overcome Zoning Hurdles for Commercial Lease Success

It is crucial to understand how the zoning authority interprets its zoning code. Municipalities often have unique interpretations or precedents in applying zoning provisions. Aligning with these interpretations ensures your project complies with local standards, reducing the risk of delays or denials. For example, if your project requires a variance or exception, knowing how the municipality has handled similar requests in the past can inform your strategy. Additionally, be aware of any community or political dynamics that could influence decision-making and interpretations.

Last updated on Sep 20, 2024

Your client faces zoning hurdles for their ideal lease location. How can you navigate variances effectively?

Finding the perfect location for your client's business is a thrilling part of commercial leasing, but zoning laws can present unexpected challenges. Zoning regulations dictate how properties can be used, and sometimes the ideal location might not be zoned for your client's type of business. This is where understanding and navigating variances becomes crucial. A variance is a legal means to request an exception from the current zoning requirements, allowing your client to use the property in a way that's normally not permitted. It's a complex process, but with the right approach, you can effectively advocate for your client's needs.

1 Zoning Basics

Zoning regulations are designed to separate residential areas from commercial and industrial ones, ensuring a harmonious urban layout. When your client finds the ideal lease location, it’s essential to first review the local zoning laws . These laws categorize areas into different zones like commercial, residential, or industrial, each with its own set of rules regarding land use. If the desired property doesn’t align with these regulations, obtaining a variance is the next step. This requires a strong understanding of the local zoning laws and the specific criteria that must be met to argue for an exception.

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Erik Snipas

Shareholder at Greenberg Traurig, LLP - Real Estate, Zoning and Land Use
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It is crucial to understand how the zoning authority interprets its zoning code. Municipalities often have unique interpretations or precedents in applying zoning provisions. Aligning with these interpretations ensures your project complies with local standards, reducing the risk of delays or denials. For example, if your project requires a variance or exception, knowing how the municipality has handled similar requests in the past can inform your strategy. Additionally, be aware of any community or political dynamics that could influence decision-making and interpretations.

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Nick Gray

Executive Vice President - Brokerage Services - Creek CRE
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Every city is different, and some cities it's more challenging to get a property re-zoned. This is why it's important to hire a civil engineer or attorney that has done this many times before so you can navigate these tricky waters.

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Vrajesh Nayak

Real Estate Professional with 25 + years experience
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Yes, there are zoning laws in retail and one should know and understand them deeply. Every micro location has its specific like and dislike. This aspects are taken into consideration for the zoning in that location.

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Sérgio Eduardo Camargo

CEO Camargo Expansão e Master Ultra
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As primeiras análises são de estudos geo demográficos, estudos de zoneamento e estudos da documentação do imóvel, além da indispensável visita in loco.

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2 Variance Request

To request a variance, you must submit a detailed application to the local zoning board or similar authority. This application should include a comprehensive explanation of why the variance is necessary and how it will not negatively impact the surrounding community. Highlight the unique circumstances that make compliance with existing zoning laws impractical for your client's business. Also, be prepared to address potential concerns from the community and present solutions that show your client's commitment to being a good neighbor.

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John Powers

Commercial Real Estate Broker and Business Broker Since 2007. Business Broker Coach / Consultant
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Prepare a compelling argument on how your clients concept will enhance and add value to the neighborhood and surrounding area.

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3 Community Impact

One of the key considerations in granting a variance is its impact on the community. Engage with local residents and businesses to understand their concerns and garner support. A neighborhood meeting can be a valuable platform to present your client’s plans and demonstrate how the variance will benefit not just your client but also the community. Positive community relations can influence the zoning board’s decision, so it’s important to communicate openly and address any issues head-on.

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4 Legal Representation

Navigating zoning laws and variance procedures can be complex and often requires specialized knowledge. Consider hiring an attorney who specializes in real estate or land use law to guide you through the process. A skilled lawyer can help interpret zoning codes, build a persuasive case for your client's variance request, and represent your client effectively during hearings. Legal expertise can be invaluable in addressing technical questions and legal challenges that may arise.

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Mélanie LESOURD

Barrister
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Les questions portant sur le droit de zonage relèvent du droit de l'urbanisme. Il est donc primordial de pouvoir être accompagné par un conseil qualifié en la matière.

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5 Public Hearings

Public hearings are a critical part of the variance process where you'll present your case to the zoning board and community members will have the opportunity to voice their opinions. Prepare a clear and concise presentation that outlines why the variance should be granted, focusing on how it aligns with public interest and adheres to the spirit of the zoning laws. Anticipate questions and objections, and be ready to provide well-reasoned responses that reinforce your client's position.

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6 Follow-Up Strategy

After the public hearing, stay proactive by following up with the zoning board and community stakeholders. Timely responses to any additional questions or concerns can demonstrate your client's dedication to compliance and community well-being. Be patient as the board deliberates, but also be prepared for any outcome. If the variance is denied, explore other options such as finding an alternative location or adapting your client's business model to fit the current zoning.

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Your client faces zoning hurdles for their ideal lease location. How can you navigate variances effectively?

1

2

3

4

5

6

1 Zoning Basics

2 Variance Request

3 Community Impact

4 Legal Representation

5 Public Hearings

6 Follow-Up Strategy

Commercial Leasing

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Your client faces zoning hurdles for their ideal lease location. How can you navigate variances effectively?

1

2

3

4

5

6

1 Zoning Basics

2 Variance Request

3 Community Impact

4 Legal Representation

5 Public Hearings

6 Follow-Up Strategy

Commercial Leasing

Rate this article

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