Home > Practice Areas > Land Use / Zoning > Value of Zoning Reviews

Value of zoning reviews

Compliance with Current Zoning Requirements. Whether purchasing undeveloped property or property with an existing structure, we review the current zoning to obtain a “certificate of zoning,” evaluate the current zoning ordinance and property conditions and compare these to the plat or site plan. Anticipated changes to the use or structure often trigger the need for a rezoning, special land use permit and/or variance. Common examples include additions to the footprint, parking or increasing the square footage of the building.

Recently, a client wanted to purchase an apartment community of stacked units with attic spaces above the upper floor and turn the attic into usable living space. In our zoning review, we determined that the zoning ordinance limited the density (amount of square footage) of the property. A rezoning was necessary to increase density and the purchase agreement was made subject to a successful rezoning. We assisted this client with the zoning application, meetings with city council members and public hearings. With a successful rezoning, the sale was finalized, the attic space converted and the entire community transformed into condos.

Legal Non-Conforming Structures and Uses. This mumbo jumbo legalese allows a structure to continue its current use instead of changing it or tearing down the structure to meet current zoning. When a new zoning ordinance is enacted, existing structures and legal property uses are typically allowed to continue within parameters set by the ordinance. Thus, a new zoning ordinance creates structures and property uses labeled “legal non-conforming use (or structure).” Since rules vary by jurisdiction, the zoning ordinance must be carefully reviewed to determine how the city/county handles these uses and structures.

One of our clients desired to buy 4 apartment buildings with 25 units built in the early 1930’s. In our zoning review, we determined that the zoning had recently changed from multi-family to single-family detached. The basement of the building, used as an apartment until the early 1990’s, had been torn out. Also, two units in disrepair had not been rented for two years. Based on our review, the non-use of these areas could trigger a “trap-door” section of this city’s zoning ordinance that forfeits the entire building’s legal non-conforming status when the use of any portion of the structure is discontinued for a 12-month period. This significant risk led the client to move onto another project.

Another major issue for older, legal non-conforming structures occurs when disasters destroy the structure to an extent of more than 60% of its replacement cost at the time of destruction. Here, most ordinances limit reconstruction unless the property conforms to current zoning. For example, if a property contains multi-family units but is now zoned single-family, a fire destroying the structure to the 60% level would only allow the property to be rebuilt as multi-family if rezoning occurred.

For more information, contact one of our zoning attorneys.