5 Common Commercial Property Zoning Issues

Imagine the excitement of embarking on a new commercial property development project, only to find yourself facing zoning regulations, restrictions, and the threat of litigation. For commercial property owners, understanding and navigating these zoning issues is crucial to ensuring the success of your venture. This blog post explores the top five common commercial property zoning issues and provides actionable insights to help you overcome them.

What Is Zoning?

Zoning involves dividing land into designated areas for specific purposes, including residential, commercial, and industrial uses. The Ohio Department of Health notes that the first zoning laws emerged in the early 1900s, driven by growing concerns over the effects of industrial complexes on public health. Today, local governments establish and enforce these zoning regulations to manage land use and development within communities, promoting orderly growth while safeguarding residents’ health, safety, and welfare. However, these zoning regulations can pose challenges for commercial property owners.

• Non-Conforming Uses

A non-conforming use is when a property does not comply with current zoning regulations, usually due to changes in zoning laws over time. For example, a building that was originally zoned as residential may now be located in an area designated for commercial development. This situation can cause complications for commercial property owners who may want to renovate or expand their existing buildings. To address this issue, checking the zoning requirements before purchasing a property and seeking variances or rezoning if necessary is crucial.

• Setback Requirements

Zoning regulations often include setback requirements, which dictate the minimum distance a building must be set back from property lines or other structures. These setbacks can limit the size and shape of a building, making it challenging to maximize the use of available land. To avoid setback issues, it is crucial to understand and comply with these requirements when designing your commercial property.

• Parking Regulations

Some zoning codes require businesses to provide a certain number of parking spaces based on their square footage or type of business. This can be a problem for commercial property owners with insufficient space to meet these requirements. One solution is to seek variances or waivers for specific parking requirements or explore alternative options, such as shared parking agreements with neighboring businesses.

• Conditional Use Permits

Conditional use permits (CUPs) allow property owners to use their land for purposes not typically allowed in a specific zone. These can range from installing a cell phone tower on the property to opening a day-care center. Applying for a CUP can be a lengthy and complicated process, requiring public hearings and approval from local government officials. It is crucial to thoroughly research and understand the zoning regulations before applying for a CUP.

• Historic Preservation

Properties located in designated historic districts may have additional zoning restrictions to preserve the area’s historical character. These regulations can limit the types of renovations and modifications that can be made to a commercial property. Working closely with local historic preservation boards to ensure compliance with these regulations while still achieving your development goals is essential.

Overcoming Zoning Issues

Navigating zoning issues requires thorough research, understanding, and cooperation with local authorities. Seeking professional help from real estate attorneys or zoning consultants can provide valuable insights and assistance navigating complex zoning regulations. Additionally, building relationships with neighboring businesses and community members can help gain support for any variances or permits needed for your project.

Gertz & Rosen, Ltd. Is Here to Help You

At Gertz & Rosen, Ltd., our attorneys are experienced in zoning regulations and can provide guidance and representation for commercial property owners facing zoning issues. We understand the importance of timely and successful development projects and are here to help you overcome any obstacles that may arise. Contact us today to schedule a consultation and learn how we can help you achieve your business goals.