If you would like to use your property for something that is not allowed under the property’s current zoning district, you can request a variance, conditional use permit or to have the property rezoned to one with different restrictions and allowable uses. In this blog we will talk specifically about rezoning.
When To Consider Rezoning
Rezoning is a legislative action that is governed by the counties in Florida, so all rezoning requests must go through the county, or municipality, in which the property is located.
Zoning laws are in place to regulate land uses to serve the health, safety, and general welfare of the public. Rezoning may be allowed if:
- The request is consistent with the county, or municipality’s long-range land use plan for the area;
- There was an error or oversight during the original zoning of the property; or
- Changes have occurred within the geographic area around the property which prevent use of the property under its’ current zoning.
The Rezoning Process
The particulars may vary depending on the county or municipality, but in general the process involves:
- Application and fee submission to the county or municipality’s Zoning Office/Department.
- Zoning staff review of the application and submission of a written proposal to the county board of commissioners or zoning board.
- A public notice is posted and a public hearing is held. Applicant may be required to present their request and answer questions about it. The public may comment on the request.
- Recommendation is forwarded to Board of County Commissioners.
- The Board of County Commissioners renders a decision.
Consult A Real Estate Attorney For Help With A Zoning Request
Rezoning requests require property owners to do their research. You’ll need to submit an application, pay a fee, make a presentation, and possibly defend your request at a public hearing. There is a lot of paperwork involved and procedures to follow. Many property owners seek the counsel of a real estate attorney to help them navigate the process and ensure their best chance of being granted the zoning change. In some cases, the real estate attorney may advise you to seek a variance or conditional use permit, which are easier to obtain than a zoning change and still accommodate your desired use of the property.
The real estate attorneys at Kissimmee’s Overstreet, Miles, Cumbie & Finkenbinder, P.A have experience with rezoning in Osceola County and can help guide you through the process.
Contact us at 407.847.5151 to discuss your situation and learn more about our zoning services.