You are interested in starting a new business, and you have found the perfect property. The only problem is that it is in the wrong zone. Maybe it is zoned for other types of commercial businesses, for example, or perhaps the property is in a residential or industrial zone and cannot be used commercially.
One potential solution is to request a zoning variance. If the variance is granted, then you may still be able to use that property for your commercial venture. It is typically wise to get the variance in advance so that you know there will not be any future problems with the local government. If you simply start using the property for commercial purposes and then seek the variance after the fact, and if your request is denied, it could spell the end of your business. But receiving the variance in advance helps you know to invest your time, money, energy and other resources in that property.
Does this change the property’s zone?
No, a variance does not actually change the zone. If the property was in a residential zone, that area is still zoned for residential use. The variance just means that you are allowed to break the zoning regulations in this specific instance. The commercial use is approved, for example, even in a residential zone.
But it is important to remember that the zone is the same and has not been altered by the variance. After all, other business owners may decide they want to start a similar commercial project in the same area. They cannot assume that this is allowed because you were given a variance. Those other business owners would have to apply for their own variance and receive permission to follow in your footsteps.
The legal process
Real estate issues like this can become complex, and a lot of money may be on the line with commercial projects. Be sure that you are well aware of the legal options you have at this time.