If you and your business are looking to set up shop, open a new location, or expand operations, you will likely need to confront your local zoning code. A failure to do so can have drastic implications. So, how do business owners (and private individuals) navigate their local zoning ordinances?
First, you will want to review the ordinances – these can usually be found online through the municipality's website. The ordinance should often include the procedure for zoning permit applications, as well as for appeals and variances. Second, you will want to look at the municipality's zoning map, which should also be accessible online – if not, call your local municipality and have them provide you with the appropriate documentation.
When reviewing the ordinance and zoning map, consider which uses are permitted in your business's proposed location. Most maps are divided between residential and commercial uses. Often times, these maps will also include mix-use zones, as well as other uses such as agricultural or historic zones. And, frequently, certain businesses are only conditionally permitted in a zoning district. That is, the business will need to satisfy certain requirements before the permit will be granted. For example, a liquor store may be permitted in a certain zone, but only if it is 1,000 feet from a school.
Then, it is time to begin filling out the permit application. While many applications are relatively straightforward, it is important to enlist the help of an attorney to review the application before submission. The details you provide in the application can make-or-break your chances of the permit being granted.
If you are seeking a variance, you may be asked to appear before your local planning commission. At the meeting, you or your attorney will give a presentation explaining your permit application. Then, you may be asked to field questions from members of the planning commission, after which they will render a decision. If they deny your permit, there is a legal process for appealing that decision.
But what if you think that the zoning code or the denial of your permit is unreasonable, unconstitutional, or otherwise improper? To better understand what a municipality can and cannot do when deciding to grant or deny your permit application, it is helpful to recap a brief history of zoning laws.
Zoning laws in America have deep ties to Northeast Ohio. In the early 20th Century, Cleveland was a booming industrial hub. The growth of the industrial sector was so precipitous, in fact, that it threatened to envelope surrounding residential communities. To combat this challenge, the Village of Euclid established a comprehensive zoning plan that regulated where certain industries and residential structures could be located. One landowner argued that the zoning plan was unconstitutional because it diminished property values by prohibiting the land from being developed for industrial purposes. This prompted a seminal case in zoning law: Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (1926).
The Supreme Court, in addressing the relatively new concept of zoning, held that the zoning plan was a reasonable and constitutional of the Village of Euclid's police power. The zoning plan was not arbitrary, and it had a rational relation to the health and safety of the community.
Much has changed since the Supreme Court decided Euclid v. Ambler in 1926 – new industries; new understandings of public health and safety; and more developments in zoning law. The essence of Euclid v. Ambler, however, remains largely intact. To pass constitutional muster, a zoning ordinance cannot be unreasonable or arbitrarily enforced and must have a substantial relation to the public health, safety, morals, or general welfare of the community.
In conclusion, understanding and complying with local zoning ordinances is essential for business owners. Failure to adhere to these regulations can lead to significant consequences, including legal penalties and disruptions to business operations. By becoming familiar with local zoning codes, seeking legal guidance, and proactively addressing compliance issues, individuals can ensure a smoother process for setting up or expanding their businesses. Navigating local zoning ordinances is not just about avoiding trouble—it's about laying the groundwork for long-term success and sustainability.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.