You're facing zoning hurdles in your real estate project. How can you navigate them effectively?

In the US, zoning and other land use regulation is state- and locality-specific. As a general rule, each state has a zoning enabling statute that empowers local governments to adopt their own regulations. These local regulations govern development in and for their particular communities, and there can be a lot of variety in the details and processes from place to place (even within the same state). The local regulations govern a host of issues relating to the uses of individual parcels, the placement and location of improvements, aesthetic concerns, and so forth. To be successful, it is imperative to understand the regulations for each locality in which you plan to operate before beginning the development project.

To understand zoning you must know the overarching legislative hierarchy in the following order: 1. National legislation for urban planning 2. Political strategies for national urban planning 3. Regional planning 4. Municipal planning and zoning codes 5. Local zoning codes Read these thoroughly and make a compliance check list. This can be provided by respective authorities but you need to structure them as they are available from a national, regional, municipal and local level. Make sure you create a Standard Operating Procedure to follow throughout the planning process. Remember legal compliance is the bare minimum. Soft compliance is what the municipality wants and sometimes but not always have political mandate to require.

Involve locals and be up-front and over communicate to engage them in your project. Remember: they can give their opinion but you are in charge because the risk is yours. In urban development (conversion from industry to housing for instance) the approach is such: 1. Engage the community and authorities by arranging cultural events on your land. This will not only benefit the community but save you marketing costs and gain popularity in the local area and with authorities. 2. As the public gain interest, engage them through idea-contests and encourage their creativity and engagement. You will gain invaluable information. 3. Start the development process and integrate your findings throughout this process. You will hit the ground running.

Hold meetings with local residents and stakeholders to understand their concerns and gather support. Keep the community informed about your project plans and benefits. And engage influential community members to support and advocate for your project.

Remember that variances typically come in two forms: (1) use variances; and (2) area variances. Use variances relax the regulations governing the permissible uses to which a parcel can be put. Area variances relax the building standards (such as setbacks, height limitations, buffers, etc.) that apply to a particular use. Typically, area variances are somewhat easier to obtain than use variances. First, area variances frequently are seen as less intrusive to the locality's land use regulations. Second, for this reason, area variances are usually governed by a less stringent legal standard than use variances. Finally, some jurisdictions prohibit use variances, meaning an area variance is all that can be issued.

If your project include variances outside standard zoning codes or challenge existing planning constraints, consider giving something to the public. If you have engaged the public you will have harnessed great ideas and the general wish of the public. Bring selected ideas into fruition and never underestimate the power of beauty. You will gain the good will of the public by giving them public amenities and especially if they are beautiful. By providing the planning authorities with meticulous attention to zoning code compliance, developing a project that benefit the public and materializing political and regional strategies, you will gain good will enough to build what you really want in return. This is key.

Apply for zoning variances or special permits that can allow deviations from the current zoning regulations. Be open to modifying your project design to better fir the zoning requirements and community needs. Consult with urban planners or zoning experts to identify feasible variance options.

Politicians are driven by incentives. Ultimately these are somewhat a mixture of selfishness and good faith. Find those incentives by establishing good relations with politicians, understand their inner workings and connecting the dots between their formal political values and their personal values in order to really understand what makes them tick. Most likely there are overlapping incentives, were you can help them realize their dreams and wishes in return for them helping you realize yours. It is not overly complex or even immoral. People are people and we are not that different. Most of us want the same things during our lifetime.

Establish relationships with local government officials, city planners and council members. Engage in lobbying efforts to influence zoning decisions and garner political support for your project. Stay informed about local zoning policies and upcoming changes that might affect your project.

It's a good idea to have a land use attorney work with your development team from the early stages. The attorney can help you interpret the local regulations, assist with due diligence for the project, advise on any possible legal challenges to problematic requirements, and navigate the various procedures, meetings, and hearings involved.

Work closely with a zoning attorney who has experience with local regulations and legal proceedings. Ensure your project complies with all legal requirements and is prepared to address any legal challenges. And conduct thorough due diligence to understand all zoning laws and regulations relevant to your project.

Never bet entirely on one solution (or plan). The benefit of zoning is that it is less rigid and more malleable than later phases as when you design construction drawings. Use that to you advantage and attempt to write zoning codes in your planning application, that can sustain multiple design iterations. Imagine a sandbox, where the frame is fixed but you can build whatever you want within that frame. That's the goal. It is not always entirely feasible, because you will have to write certain constraints into the zoning code, but the risk of detailing an entire project meticulously is very high compared to leaving the details for the following development phases.

You should thoroughly understand the zoning laws and regulations affecting your project. Engage with local planning officials early to discuss your goals and seek their input, which can lead to creative solutions or necessary adjustments. Building strong relationships with community stakeholders is important too—they can offer valuable insights and support for your project. You should always be prepared to adapt your plans based on feedback and remain persistent.