Five Ways to Navigate Zoning Regulations
By Kim Thomas of The Dewitt Tilton Group
If you’ve ever seen one of those yellow signs posted on a building or empty lot announcing a zoning change petition, you probably know the property owner or potential owner wants to build something new or alter the current building’s purpose and must first seek permission from the governing municipality to rezone the lot.
While zoning issues are unlikely to affect most people in their lifetimes, they can be a complicated and lengthy process for a zoning petitioner.
Zoning is defined as a power granted to municipalities by the state to promote public health, safety and general welfare and to protect and preserve areas of historical, cultural or architectural significance. The land is divided into separate districts within which uses are permitted, prohibited or permitted with conditions.
Zoning ordinances are put in place by the local municipality to help protect residents and guide commercial growth of the community in positive ways. Therefore, business owners who are thinking about buying, developing or altering a property need to become familiar with the basics of zoning and how those rules could impact their plans, budgets and timelines.
Here are five ways to better navigate the zoning process:
1. Before starting the search for a property, ask your real estate adviser to help identify how areas of the community are zoned and what parcels are best suited for your business location. If possible, look for a property already zoned for your type of business. Your real estate adviser can play a huge role in helping to find zoning that meets your requirements.
2. If you find a property you’d like to consider but is zoned differently from your needs, consult with your real estate advisor, land attorney, civil engineer or contractor of record to determine whether the local municipality might consider a petition for rezoning.
For example, if you’re looking at a piece of land for an industrial business and the parcel is outside an industrial park but touches it, the local planning commission is more likely to consider rezoning the parcel than if it is adjacent to non-industrial areas.
3. If the property you wish to purchase must be rezoned for your commercial needs, start the process by visiting the local government where the parcel is located. Invite your land attorney, civil engineer or contractor of record to join you or represent you. Navigating zoning procedures can be overwhelming for those who are not industry professionals.
4. Be aware of special circumstances. For example, if the property is in Savannah’s Historic District, your first stop should be at the Historic District Board of Review because they must approve your preliminary concept before you can take any other step in the zoning process. Again, your industry professional can help you determine whether your property is in an area where special circumstances need to be considered.
5. Try to become familiar with zoning terms such as your desired property’s zoning designation and parcel identification number (PIN) as well as how the zoning process works in your community.
For example, the Savannah Metropolitan Planning Commission maintains authoritative zoning ordinances for Chatham County and working zoning ordinances for the city of Savannah. Over the past few years, both governments have been working to update and unify their ordinances, a process known as NewZO (New Zoning Ordinances).
Once your zoning is in place, the next step in the development process is to get permitting underway. This involves submitting your plans to the local planning commission, which will direct them through the appropriate departments for review and approval. As you might expect, the permitting process has its own procedures.
You can view the city of Savannah’s zoning information at http://www.savannahga.gov/index.aspx?NID=1123 and the Savannah Area Geographic Information System (SAGIS) zoning map at http://www.sagis.org/ Zoning ordinances for the city and county are available at http://www.thempc.org/
Kim Thomas is the director of operations at Dewitt Tilton Group, a Savannah area commercial construction company.