+ NAVIGATING LOCAL ZONING ORDINANCES AND ENTITLEMENT PROCESSES
Understanding the key components of local zoning ordinances is critical to efficiently and successfully navigating entitlement processes for prospective building projects. Utilization of designers and architects with experience and knowledge of these restrictions and processes can directly reduce developer risk during due diligence periods by avoiding common mistakes, and streamlining municipal review processes. Below we offer a quick overview of zoning ordinances and entitlements to help better understand what these are, how they affect a project, and why it’s important to have a good understanding of each in the early stages of a new project.
+ What is a Zoning Ordinance?
Zoning Ordinances are the rules adopted by cities and municipalities that regulate how land can be used. Typically located within the municipal code of ordinances for each municipality, zoning ordinances are set in place to ensure land uses are compatible with each other and are intended to enhance the built environments of the Cities they cover. Zoning Ordinances will include all of the jurisdictions requirements, land uses, designations, development standards, among other items that will ultimately determine how to go about developing a piece of property, what can be developed, and what it might look like.
+ What are Zoning Designations?
Zoning Designations establish the land use zones throughout a jurisdiction and are generally organized around commercial, employment, and residential use classes. These typically go hand in hand with a zoning map outlining the “zones” or “districts” of particular uses and is how jurisdictions work to ensure compatible uses are adjacent to each other and separate from uses that may cause a nuisance to others. Within the ordinance, the zoning designation will include allowable uses for that zone, which are usually analogous with the designation. For example, in a residential zone, uses could include single family uses, limited multi-family uses, and some light or from home commercial type uses. These lists can be long and specific, and will usually include a definition to accommodate any prospective developer. Understanding what zone a property is in is one of the first steps to determining what can be built on a site, and should influence whether or not one would decide to purchase a property.
+ What are Development Standards?
Typically located within each Zoning Designation, or other sections of the Zoning Ordinance, Development Standards will be listed to ensure development within that zoning designation is compatible with the surrounding area and limits adverse effects on adjacent properties. Development Standards may include required setbacks for constructed elements, height limitations for anything built on site, allowable lot coverages, among many other standards. Development standards can heavily influence the final appearance of a property, but when used creatively, can greatly enhance the character of the property. Zoning Ordinances almost always provide provisions for exceptions to the rules, outline procedures for requesting variances or use permits, and outline the process for rezoning a property should your needs require any of the above. When pursuing some of these options, it can be beneficial to seek legal advice and services from professionals specializing in property law as these processes are requesting to vary from the approved development standards or zoning designations that have been approved by governing bodies within the jurisdiction.
+ What are Entitlements?
In development, entitlements are the legal rights granted to property owners to use their land for an intended purpose by the authority having jurisdiction (AHJ) in the area. Entitlements include all necessary review processes and approvals required by the municipality to change or improve land. The complexity and time required for process can vary widely from jurisdiction to jurisdiction, and can ultimately make or break a project if not carefully planned from the beginning.
+ Typical Entitlement Process Overview
The complexity of the process varies widely from jurisdiction to jurisdiction, but below we offer some of the typical elements that you are likely to encounter while navigating the process. The process is typically involves 3 or 4 major types of processes / reviews and approvals before even considering submitting construction plans for permitting.
+ Pre-Application
Pre-Applications are typically the first step in the development process. In this step, your design partner will typically prepare a project narrative outlining the intent of the development and may include a conceptual plan of the property. Municipal planning departments will review the proposal and all attachments and provide feedback to the team regarding their proposal including outlining the remaining processes required for the project, marking up plans/drawings for items that may deviate from the zoning ordinance, and identifying potential issues or additional requirements for the project.
+ Site Planning Reviews
Site Plan reviews typically ask for more in depth information about the proposed design of the property and can include preliminary architectural site plans and details for elements around the site, preliminary grading and drainage plans, preliminary reports, preliminary utility plans, and preliminary landscaping plans. A high attention to detail is required for these reviews to ensure the proposed design is in compliance with the local zoning ordinance. These reviews can often take more than one review with the jurisdiction, and will most likely include public notifications and meetings to inform neighbors and illicit feedback on the proposal. Approval of the site plan can be either by a planning led board, or by City Council depending on the jurisdiction.
+ Design Reviews
Sometimes combined with Site Plan review processes, Design Reviews will look more closely at the building and aesthetic design of constructed elements on the property. Colored building elevations, physical material boards, and photorealistic renderings are often requested and utilized to inform the reviewing parties and public of the intended aesthetic appearance of the development. Understanding and implementing design standards adopted by the AHJ can greatly influence the success of these reviews.
+ Council Approvals
Depending on the jurisdiction and type of review, a project may ultimately be decided by a Council decision. Typically the public will have the opportunity to speak or provide comments on a proposal in front of a Council, and notification materials will have had to have been mailed to notify residents of the upcoming review and decision. If the proposal is allowable “by right” meaning in conformance with all provisions of the zoning ordinance and any other governing codes, a proposal may be placed on what is typically called a “consent agenda” where the Council will read in the project and vote to approve it, usually among several other proposals at once at the beginning of the session.
+ Where do designers and architects fit in?
With a general understanding of zoning and entitlement processes, we can look at some examples of how and why understanding these at the beginning of the project will pay dividends over the course of the development and where architects fit into the mold.
Architects have extensive experience working through these processes across several different project types. This experience allows us to quickly locate and assess potential properties for an intended use by reviewing zoning maps, researching restrictions, and assembling preliminary site plans that owners can review for project feasibility extremely early on. Having this experience can also facilitate a smoother, more timely progression through the review process as we can organize and include the information the reviewers will be looking for and can speak to what has been successfully completed in the past to avoid omissions that can cause review times to extend. Relationships with planning and development department reviewers can also be beneficial for timely responsiveness between reviews and can enhance coordination between the reviewing bodies and the design team. Our deep understanding of these ordinances and processes allow us to take an owner’s overall vision and make it a reality on their property.
+ Conclusion
Zoning Ordinances and entitlement processes can be tricky to navigate, but as long as you do your research and bring on a strong, knowledgeable team, navigating the process can be efficient and stress free.