Understanding the Rezoning Process
Zoning is a tool that local governments use to systematically plan land use. Keeping the welfare of the citizens in mind, land is divided into categories based on different variables and incompatible uses are eliminated. Besides allowing property development for specific uses like residential, industrial, commercial, and recreational, zoning codes also regulate details like height, weight, and size of the constructions.
If a property owner is not happy with zoning codes or is not able to use a property as is desired, one option that they have is to ask for rezoning. Rezoning is a process in which a property owner or a representative asks the authorities to reconsider the zoning code. It is a legislative action that is achieved through a complex legal process.
The Basic Process of Rezoning
Rezoning is a right of each property owner when new or existing zoning regulations cause considerable hardships. It is an action that is justified in the following cases:
- When the proposed rezoning is compatible with the long-term development plans of the local governing authority.
- When there has been a mistake or error in the new zoning regulations.
- When the neighborhood has transformed due to certain conditions making the new zoning plan unreasonable.
The rezoning process consists of the following basic steps:
- The first step includes submitting the application for rezoning and fee payment. This is done by filling out a form that is provided by the governing authority. Information that is required for completing the form typically includes a map of the area, the area code in municipal records, the current zoning classification, the proposed zoning classification, the current land use details, and the proposed land use details.
- The completed form is then presented in front of the authorities along with valid recommendations.
- In the next step, the zoning authority has a team of people who review the rezoning application. They perform a field survey and assessment of the immediate and surrounding areas. This helps them evaluate the impact of the proposed rezoning on everyone concerned. There is inter-departmental consultation to assess the long-term compliance with the development plans of the area. The health, safety, and welfare of the people in the area is of paramount importance for the committee and is a major consideration in the review process. A written review is then completed and sent to the applicant.
- The case is then publicly heard on a specified date and time. The applicant can present his/her case and interact with the zoning commission directly. Rezoning pleas are discussed in detail over various hearings and a verdict is passed based on the number of votes by the members of the commission either for or against the rezoning application.
- Following these hearings, it may take a few months for the final approval to come in effect. The final readings take place with the City Councils. This is an important legislative action and requires stipulated public notice periods.
Because the rezoning process can take a lot of time and effort, rezoning is best handled by an experienced and specialized land use and zoning lawyer. It is a complex process that requires legal expertise and careful interacting with government agencies.
Contact The Wallach Law Firm for Help with the Rezoning Processes in Missouri
At The Wallach Law Firm in St. Louis, our lawyers are experts in the facilitation of the rezoning process. We have over 40 years of experience in this field of law and are an established name in Missouri when it comes to land use and zoning laws. We can successfully represent rezoning cases throughout the State of Missouri with the objective of serving our client’s best interests.
Contact our law firm to learn more about the rezoning process and how our zoning code and eminent domain lawyers can help you with your case.
