You’ve been searching for a new commercial property. Maybe you started a business 10 years ago, and it’s become very successful. It has grown to the point that you want to open a second location. You finally find a property that looks perfect, and you are considering making a purchase.
While researching that location, however, you discover that it is in the wrong zone. The main three zones are industrial, residential and commercial. Within commercial zones, there may be limitations regarding the specific types of businesses that people can open. If the zone doesn’t match up with how you want to use the property, should you walk away from the purchase?
Can you get a variance?
One option to look into is getting a variance. You can apply for this and explain why you believe that you should be allowed to use your new property in a way that wouldn’t ordinarily be permitted in the current zone. If the variance is approved, then you can legally move forward with your new business and you shouldn’t expect to have any pushback from the local city officials.
Does this change the zone?
It does not. Every business owner has to apply for a variance on their own, and each case is then evaluated on an individual basis. If you get a variance, the zone stays exactly the same for all other local businesses. The variance only applies to your property.
Likewise, if another local business gets the variance that you are also seeking, don’t assume that this changes how you can use your property. You still need to get your own variance first. This can be a complicated process and it’s important to get the details right, so be sure you know what legal steps to take.
