One potential complication that can arise during a commercial property transaction is when that property is not in the correct zone for the intended use. Perhaps it is not in a commercial zone at all, but a residential zone. Even if it is commercial, it may be locally zoned for a different type of operation.
There are potentially ways to get around this issue. One is to put in a rezoning request. This asks the municipality to consider rezoning the property entirely. There are times when zoning regulations are out of date, for instance, and they may simply need to be updated.
If the property is rezoned, this changes it on a permanent basis. It can be used in accordance with the new zone, but not the previous one.
Requesting a variance
Another potential option is to ask for a zoning variance. If granted, the municipality tells the property owner that they are allowed to break the zoning regulations and use the property in a way that otherwise would not be approved.
A big difference with a variance is that it does not change the actual zone at all. For any other property owners in that zone, their restrictions stay the same. But this can allow for commercial operations on the specific property that is being addressed by the variance.
Neither of these is a guaranteed solution, but they are potential options and requests that can be made. When going through the process of meetings, paperwork, submissions, hearings, land surveys and much more, it can help to work with an experienced attorney.
