One of those nightmares that will keep you up at night is purchasing a piece of land for your garden store and finding out it is zoned incorrectly. Many buyers have relied on the real estate agency, signed on the dotted line and then learned that those agents did not know what they were talking about. Changing zoning can be expensive, tricky and sometimes not possible. You can get really stuck. Don’t rely on anyone. Don’t blow it off. Do the work yourself. Go to the official records. Talk with the local zoning department of the city. Learn what you can and cannot do with the land. Make the zone change a condition of the purchase. If you have to change the zoning, hire a local land use expert to represent you in the zoning change hearings. Don’t screw around with Zoning. Don’t touch that signing pen until you fully aware of the potential zoning restrictions.
Getting trapped in an “agricultural zone”
Some garden store owners purchase “agriculturally zoned land. They assume that they can get away with most anything on that property because they “grow things”. BIG MISTAKE. The operation of a garden store will, without question, have to be zoned “retail” in nearly all towns and cities in this country. Oh yeah, you might be able to get by for a while selling some stuff on that ag land, but when the customers and cars start rolling in and the activity and congestion starts to build, someone is going to complain and a city zoning guy will be knocking on your door. Often, it is your neighbors who get angry and make the call to the officials. They loved the peace and quiet of that vacant land and they are pissed. And when you begin the long process of trying to change the zoning, it can be a nightmare and darned expensive.
Usually, there is going to be one guy down there in city hall who is a smart ass and is going to hold you to the letter of the law and believe me, he has the law on his side. Don’t take the risk. Buy it zoned retail or get is zoned “retail” before you buy the land. And another thing, don’t just get part of it zoned, because you may need all of that ag land for expansion sooner or later and it is best to get it all done at once.
“Old Bud”
“My husband and I moved to a town and purchased some agriculturally zoned land. We needed to get it zone retail, but had no idea how to do it. When talking with the neighboring property owners, they suggested that we contact “old Bud”. Bud Marson had worked for 20 years as the head of the zoning department in the city government. He retired and started his own private consulting business specializing in zoning issues. We let Bud handle the whole ball of wax, applications, hearings, meetings.
Three weeks later, but brought us the zone change, with no conditions or problems. We paid him 2000.00 for the work and we could not be happier. You see, Bud knew how it work, he knew the people he had to convince, he knew the zoning laws so we would not be hung up on extra stuff to build or develop.
It would have taken us months to get that done and it may have been very risky to present it ourselves. I am here to tell you that if you need a land use or zone change, get “old Bud” or somebody like him!”
Susan Matson
Garden store owner
What is the present zoning of this land?
In anticipation of possible zone change issues, We had hired a local zoning and land use expert to sheppard the process if needed. She has an employment history with the local zoning authorities and is familiar with the procedures as well as the contacts for negotiations on specific matters related to the zone change.
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