As you look to buy property for your business or residence, you will need to consider how the real estate can and cannot legally be used. Local governments are typically in charge of zoning within a given municipality or county, setting rules for how properties in certain districts can be utilized.
A Sacramento land use and zoning lawyer could help you understand how you can use your property. If you are still looking for real estate, your attorney could evaluate if you would be able to use it for your desired purpose.
A property’s specific zone may heavily influence what activities can take place there. If an area is designated as residential, then a building will not likely be allowed to contain a business unless mixed-use is permitted. Similarly, you would not be allowed to build a residence on a plot of land in an area designated as heavy industrial.
In general, uses approved in one zoning designation will not be permitted in another zone, limiting the legal land use of a particular property. However, zoning rules may be flexible or have exceptions.
The Sacramento zoning coordinator—a city employee—has the power to approve rezoning requests. A rezone may allow a property owner to use their land in accordance with a designation different than the other properties in the same area once the application is approved.
The process of applying for a rezone may be complicated and will depend on the discretion of the coordinator and, in some cases, the city planning commission. An attorney who specializes in land use and zoning could help you determine whether or not to seek a zoning change for your Sacramento property and your desired use.
As a first step, a zoning lawyer may review the city’s zoning maps and designations to locate a given property and see what rules may apply. For example, an attorney could see if a property straddles more than one zone or if the boundary has recently changed.
If a property’s designation does not allow for your desired use, then a lawyer may start the process of seeking an exception. A rezoning application would require documentation of your ownership, a proposed site plan, and other information about the property. Sacramento recommends applying for a pre-application meeting with the zoning coordinator before filing an application, and a lawyer may represent you at that meeting to discuss the new proposed land use.
Obtaining a rezone can be challenging and requires careful planning and handling. Having an attorney could increase your chances of a successful rezoning application.
It is vital to know if your property will support your desired use, so it is necessary to investigate a property’s zoning before acquisition. Your Sacramento land use and zoning lawyer could do the research in advance to help you rezone as necessary. To discuss your property’s zoning designation and your options, contact Business & Real Estate Law Firm PC to schedule a consultation.