You’ve always wanted to become a business owner, and now you have a terrific idea and a business plan. You’ve even found the right property where you want to open your company. You believe it will get excellent foot traffic and be ideal for long-term success.
There’s only one problem: It’s in the wrong zone. Real estate is typically divided into residential, commercial and industrial zones. The property is near a commercial area, but it is technically in a residential zone. What options do you have?
You can get a variance
Other than looking for a different property, your main option is likely to ask the city for a variance. This is a way for them to legally grant you permission to use that property in a way that would otherwise violate zoning regulations. A variance is not guaranteed, and the city will consider each request on a case-by-case basis. But if it’s granted, you can move forward with your specific commercial project.
One important thing to note is that this doesn’t change the regulations or even the zoning designation. Your business will still be located in a residential zone; the variance simply allows you to break those zoning regulations without penalty. That’s why it’s so important to get the variance first, rather than starting work on your commercial operation only to find that the city prohibits it.
If you get into a dispute over real estate use or are navigating the process of getting a variance, it’s important to understand your legal options. It can help to have an experienced team on your side.