A Brief Overview of the Zoning Analysis

One of the most important things you need to do before you start building on a property is to conduct a zoning analysis. A zoning analysis determines the legal rights of building on the property. It assesses the local zoning codes to find out the legal development limitations, including things such as the height, size, and square footage allowed for a building in that zone. Here is everything you need to know about zoning analysis.



When do you need a zoning analysis? 

You will typically need to conduct a zoning analysis when: 

  • Constructing a new building – this applies to any new commercial or residential building, whether small or large
  • Building a new house – whether single or two family
  • Building addition – any kind of addition, whether vertical or horizontal 
  • Change of building use – a zoning analysis is required when changing the use of an existing building, even if you are not adjusting the actual building

What is needed to do a zoning analysis? 

Apart from location, there are three things that are necessary in order to perform a zoning analysis, namely the proposed use of the property, existing restrictions, and property survey. 

Sometimes zoning can have several options, so you need to figure out what you want to do with the property first. Without a specific goal, the results of the zoning analysis will be broad instead of providing specific regulations and options for the property. It is also important to determine whether there are any covenants, easements, development rights transfers, or deed restrictions on the property. The third requirement, property survey, should be done by a licensed surveyor. 

What is included in a zoning report? 

  1. General property information

A zoning report provides all the data on the property, for example zoning districts, lot type, lot area, existing conditions, etc. 

  1. Zoning code analysis

This provides all the important zoning code sections that have an impact on the development. This is the technical part of the zoning report

  1. Interpretation/Conclusion

To make it easier for everyone to understand, the zoning report contains written text summarizing the findings of the analysis

  1. Diagrams/Illustrations

The report also contains 2D and 3D illustrations demonstrating the development potential of the property

It is important to note that zoning ordinances can change anytime. If a compliant property is sold after the changes have been affected, it could become non-compliant as a result. In some cases, there are several zoning districts governing a property, which can be hard to assess especially if each district has different zoning and land use regulations. 

If there is an issue with your zoning analysis, the Law Office of Ray Garcia, P.A. can help you learn more about your options. We are a locally based and trusted law firm with highly trained attorneys that have a lot of experience in real estate. Get in touch now.