Rezoning: Action to Change the Designation of a Parcel on the Zoning Map

August 25, 2024 4 min read Real Estate Government Regulations Land Use Zoning Property Development Urban Planning Regulations

Rezoning involves changing the allowed uses for parcels of land by altering their designation on the zoning map. This can have significant implications for property development and land use planning.

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Rezoning refers to the process of changing the designation of a parcel or group of parcels on a zoning map. It modifies the permitted uses for the affected parcels, which can lead to varying consequences for property development, community planning, and land use regulations.

What is Rezoning?

Rezoning is a legislative action used by local governments to change the zoning classification of a specific area or property. This involves amending the zoning map and subsequently altering the zoning ordinance that governs land use and development in the jurisdiction.

Reasons for Rezoning

Development Needs: To accommodate new types of development or to align with current urban growth and planning objectives.
Community Benefits: To enhance community facilities or create more cohesive neighborhoods.
Economic Factors: To respond to market demands or to stimulate local economic growth.

Types of Rezoning

Upzoning: Changing the zoning classification to allow for higher density or more intensive land use. Commonly used to promote urban development, housing, and commercial spaces.

Downzoning: Changing the zoning classification to restrict development to lower densities. Often aimed at preserving the character of an area, reducing environmental impact, or maintaining open spaces.

Rezoning Process

Application

Initiation: Property owners or local governments may initiate a rezoning request.
Submission: A formal application must be submitted with relevant documents, including site plans and compatibility studies.

Review and Public Hearing

Planning Commission Review: The application is reviewed for compliance with the comprehensive plan and zoning regulations.
Public Hearing: A hearing is conducted to gather community input and concerns.

Decision

Approval or Denial: The local legislative body makes the final decision, taking into consideration recommendations from the planning commission and public feedback.

Examples and Historical Context

Example of Upzoning: The rezoning of industrial areas in former brownfields to mixed-use commercial and residential zones has led to revitalized urban centers.
Example of Downzoning: Transforming suburban residential areas to limit new developments as a way to control urban sprawl.

Historical Context

Historically, rezoning has been used as a tool to manage and guide urban growth. It has evolved from simple land use segregation to more sophisticated mechanisms addressing comprehensive planning, sustainability, and smart growth principles.

Applicability and Considerations

Implications for Property Developers

Increased Value: Rezoning can significantly increase the value of a property by allowing more profitable uses.
Regulatory Hurdles: Developers must navigate through extensive bureaucracy and regulatory requirements.

Community Impact

Positive: Enhances infrastructure, creates jobs, and fosters economic development.
Negative: Can lead to gentrification, displacement of local communities, and environmental impacts.

Zoning Map: A map that delineates the designated zones for different types of land use within a municipality.
Downzoning: The process of changing the zoning classification to permit less dense or less intensive land use.

FAQs

What is the difference between rezoning and a variance?

Rezoning changes the actual zoning classification of a property, affecting land uses comprehensively. A variance is a minor deviation from the zoning ordinance, usually granted to allow a specific exception to the rules without changing the zoning designation.

How long does the rezoning process take?

The rezoning process can take several months to over a year, depending on the complexity of the proposal, the extent of required public consultations, and the thoroughness of the legislative review.

Can rezoning decisions be appealed?

Yes, rezoning decisions can be appealed. The appeal process varies by jurisdiction and can involve administrative hearings or court proceedings.

References

“Zoning, Rezoning, and the Comprehensive Plan” by Christopher J. Duerksen and Bonnie J. Johnson.
U.S. Department of Housing and Urban Development (HUD) guidelines on zoning and land use regulations.
American Planning Association (APA) resources on urban development and zoning practices.

Summary

Rezoning is a pivotal process in urban planning and land use regulation. It involves changing the permitted uses for parcels by altering their designation on the zoning map, with significant implications for property development, community planning, and economic growth. Understanding the rezoning process, its types, and its impacts is essential for stakeholders including property developers, local governments, and community members.