Dealing With Zoning Problems
Strategies to remove zoning-related hurdles so you can operate your business in your location of choice.
Once you've found a location that meets the needs of your business, it can be quite a disappointment to discover that it may not be properly zoned for what you want to do there. Fortunately, an unfavorable zoning situation doesn't necessarily mean you're out of luck. There's a certain amount of administrative discretion under building codes and zoning ordinances -- enough that it can help greatly to have the administrators on your side. Here are some ideas for accomplishing this.
Seek Support from the Business Community
If you employ local people and will contribute positively to the economy, it may pay to make contact with city or county business development officials, or even the chamber of commerce. If they see your business as an asset and don't want you to locate in the next city, they may be helpful in steering you through the building and safety department, and may even advocate on your behalf before zoning and planning officials. Trade associations and merchants' associations may also come to your aid if you need building and safety officials to decide in your favor in an area in which they have some administrative discretion. Finally, contractors, lawyers, and others who are familiar with the system and the personalities often know how to get things done and can be helpful to you.
Appealing an Adverse Ruling
The decision of a zoning or building official isn't necessarily final. If you get an adverse decision from the local Planning Commission, for example, you may be able to have a board of zoning adjustment or board of appeals interpret the zoning ordinance in a way that's favorable to you. Alternatively, you may be able to obtain a variance (a special exception to a zoning law) if a strict interpretation of the ordinance causes a hardship. In some cases, you can get a conditional use permit, which lets you use the property in question for your kind of business as long as you meet certain conditions set down by the administrative panel.
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