What is the re-zoning process?

On Behalf of | Sep 19, 2019 | land use & zoning

Whether it is an already built structure or one under development, the location in which the property is will determine certain factors about it. Zoning regulations are used by municipalities in Florida and elsewhere to restrict, control and direct the development of property located within its borders. The main purpose behind setting up these restrictions was to divide the residential, commercial and industrial districts within a municipality. However, property owners and developers often seek to deviate from these restrictions.

What is the re-zoning process? To understand this, one should first explore why zoning regulations exist and what restrictions they place on a certain property. These restrictions can include the type of buildings allowed, the location of utility lines, restrictions on accessory buildings, building setbacks from the streets and other boundaries, the size and height of buildings and the number of rooms within a building.

Because zoning regulations restrict the rights of property owners, controlling what they could and often want to do with their property, this could lead to some controversies. So long as the zoning regulation is reasonable and not arbitrary, it will likely be permissible. However, property owners can still challenge these regulations.

It is possible to seek spot zoning. This is when an individual parcel of property is zoned differently from its surrounding property. This is often done for the private interests of the property owner. As long as there is a reasonable basis for the re-zoning, these will likely not be challenged. But if they are challenged, the property owner has the ability to prove their need for re-zoning.

Re-zoning for the benefit of the property value and property usage is very common. However, it is not always an easy process to prove the want, need and benefits of re-zoning and obtain approval. Thus, it is important that property owners explore their rights, seeking legal guidance through this real estate law matter.