If the existing zoning for a property does not permit the type of development you’re proposing, there are several potential pathways you can explore with the local jurisdiction. Each option varies in scope, process, and likelihood of approval, depending on the specifics of your site and local regulations.
Rezoning
One option is to apply for a rezoning of the property. For example, if the site is currently zoned for commercial use but you want to build multifamily apartments, you can request that the zoning designation be changed to one that permits residential development.
Rezoning applications generally require public hearings and approval by both the Planning Commission and the City or County Council. As part of the process, you’ll need to demonstrate that the proposed use is appropriate for the area and represents a better or more beneficial use of the land compared to the existing zoning. This typically involves providing evidence that the proposed development aligns with current market conditions, economic trends, and the community’s broader planning goals.
Zoning Text Amendment
Once zoning approval is secured, the next phase involves civil and grading review, which is usually administered by the local engineering or public works department. This step requires the preparation of detailed site plans by a licensed civil engineer. The review focuses on the proposed grading and site layout, utility connections such as water and sewer, stormwater management systems, drainage design, and floodplain compliance where applicable. It also includes the evaluation of traffic improvements, landscaping plans, and any proposed changes to existing easements or property lines.
The review will also consider how the development affects the public right-of-way and may include required improvements to adjacent streets, sidewalks, or utilities. This phase ensures that the site infrastructure is suitable for the proposed development and does not negatively impact public infrastructure or neighboring properties.
Building Permits
Another option is to pursue a zoning text amendment. Unlike a rezoning, which changes the designation of a specific parcel, a text amendment modifies the actual wording of the zoning ordinance itself.
For example, if your property is zoned commercial and the current zoning code does not allow apartments in commercial zones, you could propose a text amendment to allow residential units in that zoning category. This is a more expansive approach because any change would apply citywide (or jurisdiction-wide), not just to your property. Therefore, your proposal must be supported by a broader policy rationale showing that permitting apartments in commercial zones is consistent with planning principles, housing needs, or community development goals. Like a rezoning, text amendments typically require review and approval by the Planning Commission and City or County Council.
Variance
If the zoning code limits your project due to specific development standards—such as maximum building height, setbacks, lot coverage, or parking requirements, you may apply for a variance. A variance does not change the zoning designation or the code itself, but instead grants an exception to a particular standard.
For instance, if your proposed building is 50 feet tall but the zoning code only allows 40 feet, you could request a height variance. Variances are usually granted only when there is a clear hardship, meaning that unique physical characteristics of the property make it difficult or impossible to comply with the code as written. Most jurisdictions also require that the requested variance will not negatively impact the surrounding properties or neighborhood. These applications are typically reviewed and decided by the Planning Commission or a Board of Zoning Adjustments.
Consult with the Local Jurisdiction First
Before pursuing any of these options, it is highly recommended that you consult with planning staff at the local zoning authority. Every jurisdiction handles non-compliant development proposals differently, and early engagement can help you better understand the process, potential challenges, and likelihood of success. Planning staff can also advise whether alternative solutions—such as conditional use permits or specific plan overlays—might be available in your case.