If a commercial property is not zoned for a particular use the business has planned for it, there are different options the business may want to consider to help them with their land use concerns. Land use laws can help with rezoning, conditional use exceptions and appeals so businesses and commercial property owners should be familiar with the legal options that can help them.
When a particular zoning ordinance prohibits a particular use, there are different options including pursuing relief from a zoning board or board of appeals. The zoning board can grant either conditional use permits or variances for nonconforming uses. In circumstances of a conditional use permit, the board can condition permission of a specific activity in a zone on the fulfillment of a condition or set of conditions. A variance, if permitted, can provide an exception to a zoning regulation.
To receive a variance, the business or commercial property owner may have to establish that an undue hardship exists if the zoning variance is not granted and that the variance, if granted, will not result in a substantially negative impact on the public. In addition, if the business or commercial property owner is unable to obtain a conditional use permit or a variance, they may wish to seek appeal relief in the court.
Each option has benefits and challenges based on the needs, goals, resources and timelines of the parties so it is useful for them to be familiar with all of the options available to them. For business owners and commercial property owners facing land use limitations, it is important to understand the legal resources and options available to help them solve their land use concerns.