Navigate The Zoning Process in Seven Steps

As developers search for the ideal storage site, their choices are driven by demographics that will result in financial success. These demographic areas have fewer and fewer sites where the vicinity allows storage. When storage is not allowed on a site, there are multiple ways to gain approval for storage development. Reviewing site conditions and determining the best avenue to gain storage approval is the starting point of the process. The municipality will review and determine if a special use permit (SUP), conditional use permit (CUP), or a zoning change is required to develop storage. A zoning change is altering the classification of a property from a different type of development/use to the storage use. In many cases, a zoning change is the only option, and it can be quite a process to navigate.

 

A developer working with a team of professionals is the starting point for a successful zoning change. The feasibility consultant will assist in the analysis of the demographics, defining the competition in the area, determining the amount of storage needed, determining the type of storage, and determining rental rates. Feasibility analysis defining the public need for storage will assist in gaining approvals later in the zoning process. When the site is determined to be a successful location, the civil engineer dives into a substantial amount of analysis that begins with site zoning confirmation. A landscape architect is often brought into the team to illustrate any proposed trees/shrubs. Zoning change necessity may then suggest the need for the services of a real estate attorney. The real estate attorney or developer typically lead the dialog with the city and conducts necessary presentations. An architect joins the team to coordinate with the team members, address code issues, and conceptually design the project.

Each property is unique in its zoning but also in the zoning of the adjacent property. The civil engineer and architect review zoning in relation to allowable uses for the property. In most cases, an industrial zoning or some form of commercial zoning will be needed for the storage use. In some cases, even commercial zoning will not allow storage because of unfounded bad stigma. The developer or real estate attorney determines if the adjacent properties are a complimentary or acceptable use adjacent to storage. In addition, the real estate attorney confirms if overlay districts apply, neighborhood association approvals are necessary, and if architectural review committees and deed restrictions come into play. The civil engineer then reviews the plat of the property to confirm setbacks which limit the buildable area from the road and from adjacent property lines. In addition, easements for utilities, drainage, and shared access are also defined. These parameters are combined with the topography of the site to review drainage and detention if necessary. The landscape architect assists with buffers and required vegetation. The civil site analysis determines if there are any hinderances that would preclude the development of the storage site and also creates the canvas on which the building site design occurs.

 

The site design is based on the feasibility study defined square footage and unit mix of climate-controlled vs. non-climate-controlled storage. The architect develops the building footprints and collaborates with the civil engineer to relate to the specific site parameters. Site access, drive aisles, fire lanes, parking, loading areas, stormwater detention area, and the buildings are all pieces of the site design puzzle. As the site design is taking shape, the architect dives into the aesthetics of the building. City overlay districts, deed restrictions, and architectural review committees for planned developments may dictate design parameters. Time should be allocated for review of the standards, incorporation of the parameters into the design, and review/approval by the authorities. The building form, shape, scale, materials, and color all must be designed in a direction that is appealing to the approving authorities and community. Exterior elevations are typically required; materials often include percentages of each material, colors of each material, and material restrictions such as the elimination of metal walls and inclusion of large masonry quantities. As the designer, it is imperative that the requirements are represented per the vicinity requirements in the design. In addition, a three-dimensional rendering of the proposed project can be invaluable to gaining approval of a zoning change.

 

The entire team review and knowledge of the required processes is imperative to gaining approval and the amount of time it takes to handle the process successfully. Processes vary in each vicinity but also may have specific requirements for the selected site. A good start is the city website and municode review where the city may define their requirements more in depth. Municode is a library that lists cities and the code of ordinances, unified development codes, and other definition of development requirements. If you have luck on your side, the delivery of a site plan and images of similar buildings to what is being developed can gain a zoning change approval. The days and sites where this process works are few and far between. Many developers want to be at the corner of “Main Street and Main Street,” as quoted by more than one of our clients. When this is the case, many times multiple processes must completed to gain your zoning approval.

 

Following review of the city requirements, the team develops a strategy and completes the specific documents and drawings for city staff review and to conduct a planning and zoning (P&Z) initial review meeting. In the meeting, review of the project goals in relation to city requirements is discussed regarding mandatory items, requested modifications, or leniency requested. The city staff and P&Z is typically knowledgeable in development and also knows the “hot button” items that may preclude the zoning change. The city may be supportive of a multistory, climatized building but opposed to non-climatized or boat/RV storage. You may have to alter your plans to be successful in gaining city support.

 

After typical back and forth on issues, city staff is receptive, and P&Z is receptive to the project the next step is notification of the public. Notifications to businesses and residences within a certain radius of you project is required, and then a developer waits to hear the fallout. Fallout is not only limited to those individuals in that radius but all concerned citizens. It’s not the norm, but in the event that there is no response to the notifications, or the response is simplistic in resolving, then the development can go directly to the planning and zoning meeting.

 

In most cases, there are comments or concerns, as storage is often viewed unfavorably. In more extreme cases, concerns can be addressed through a neighborhood town hall meeting. Typical concerns include what the building looks like, traffic issues, noise, hours of operation, and visibility. These concerns are typically diffused easily. The buildings in many cases are no longer the metal shed out in your granddad’s field but instead a well-designed facility that relates to the environment in which the project is developed. This can be addressed by sharing a three-dimensional image of the project. Traffic impact analysis is typically required by vicinities in their municode; when completed for storage, they always indicate one of the lowest type of developments for visits per day. Noise is eliminated as a concern when lease agreements preclude the use of the facility for anything other than storage–no rock band studios allowed! Hours of operation are typically limited, so the overnight noise and lighting concerns go away. Visibility of neighbors from storage can be addressed by design as well; the elimination of upper-story windows, privacy fencing, and landscape buffers are options.

 

In the event that there are still neighbor concerns from a disgruntled few, the possibility of getting a letter of support from the homeowners association can go a long way. City submittal documents are now finalized by the team and submitted for city staff comments. City staff comments are addressed to gain their approval, and then P&Z commission will vote on the development with the developer, real estate attorney, and architect present to respond to concerns. The city review process can take from one to two months, followed by and additional one month for P&Z processes. The planning and zoning commission’s support in addressing remaining neighbor concerns, as well as their approval recommendation to city council, is a key aspect to success.

 

The planning and zoning commission will place the project on city council agenda. The documents will be submitted, and after the specified review time, a city council meeting date will be set. Most city council meetings are scheduled once a month, so just getting to the actual meeting can take time; one month should be allocated for this in the schedule. During this time, if allowed, discussions with councilpersons from the district of the project may occur by the owner or real estate attorney. District councilperson support is imperative, as they can convince other council members to vote in favor of the development. Following the first city council meeting, a second is sometimes required and hopefully can be finalized within another three weeks. Then, the approved development is hopeful from the city council!

 

Teamwork, knowledge, experience, and open dialog with people are all key in navigating the zoning process. While the overall process is a complex enterprise, patience and planning producing a zoning change that results in a successful storage development is quite a reward.

 

–

 

Jeffrey S. Dallenbach, AIA, is the managing partner of Dallenbach-Cole Architecture. Cheryl L. Cole is the associate partner of Dallenbach-Cole Architecture.