When buying or selling Real Estate, a sometimes over-looked facet of the property being transferred is its allowable zoning. You might have heard about “zones” when watching a football game or other sports event, and there are even other “zones” that we hear of in our lives (e.g., war zones, zones of danger, etc.). But you probably might find the idea of Real Estate zoning to be a bit foreign, even if you know of the term.
Generally, when a city is developed, the county (where the city is located) will “plan out” the city by dividing its land into associated areas, or “zones.” Each of these zones is meant for a particular use or group of uses and is subject to certain restrictions based upon these associated use(s). For example, land can be zoned to be “residential” (for homes and related structures), “commercial” (for businesses, plazas, offices, etc.), “agriculture” (for farming and related activities), and other categories.
Furthermore, within each category, there is an underlying spectrum of allowable “uses.” For example, with residentially-zoned land, there might be different uses based upon the “density” (or number) of homes allowed. Or, for commercially-zoned land, there might be different uses based upon the type of business allowed or the stage of current development.
The main reason why zoning is such a big deal is that it can prevent a buyer of Real Estate from using the land the way s/he wants to, and can thus be a deal-breaker.
Fortunately, the fact that land is zoned in a particular way does not preclude someone from requesting a change to that zoning. While it is possible to make such a request and be successful, you do have to keep a few things in mind:
- Re-zoning can be expensive – Re-zoning can cost upwards of several thousand dollars, if not more, based upon the amount of land, requested zoning, required legal notices (i.e., signs, newspaper ads, and mailings), and attorney’s fees (if you hire an to represent you).
- Re-zoning is not quick – All Florida re-zonings require at least one hearing by a local board before a request may be granted or denied. Usually, more than one hearing is held by different committees to give the public a chance to provide comments on the request. The hearings can take several months (and, in some case, a year or more) to take place, based upon the schedule and current request-load of the county where the land is located.
- Re-zoning may not be enough – Sometimes, a change must be made to the permitted use of the land, or even the zoning/comp plan made by the county, before the re-zoning can occur. This presents an even greater cost to the whole process, and can delay the re-zoning by months, if not a year.
- Re-zoning is not guaranteed – It is entirely possible to go through the entire process and have your request denied. You must be prepared for this outcome if you attempt a re-zone.
