Zoning is used by cities to separate unwanted uses from each other, to protect property values, and to group land uses into categorical purposes that will benefit the public good.
Most zoning laws are location specific, so they will vary from state to state, county to county, and city to city.
All zoning ordinances are public information and are accessible at your local county or city courthouse.
Within commercial zoning ordinances, there are sub-categories that further dictate what businesses can be located within the zoned area.
Zoning, specifically in commercial areas, is generally based on use.
There is a general commercial use, which allows any kind of business to operate in that zone.
There could also be a commercial zone just for professionals (e.
g.
, doctors and lawyers), so a car-care center or nail salon would not be able to operate in that area.
Say you purchase a store on the main strip in a C-1 zone and you want to open a bar.
If C-1 is a zone that does not allow alcohol or the neighboring businesses do not want you to sell alcohol, you cannot locate your bar there.
Having said that, you may be able to get your building rezoned or request an ordinance so you can locate your business there.
Typically, it is a three-to-six-month process to get a location rezoned.
The ordinance will be brought in front of the city and county planning commission, and then must be voted on.
The commission members will base their votes on how the public, especially neighboring businesses, respond to the rezoning and how the rezoning will coincide with the city's comprehensive plan.
You will have to talk to your county or city planning commissioner to get more details on feasibility.
If you plan to build a commercial or retail location, you will have to obtain building permits and pay for a soil percolation test, often called a "perk," in order to build on the land and to have it zoned in your favor.
Getting your land perked, in a nutshell, is just determining the ability of the soil to absorb liquids from your septic system.
If the property is zoned correctly and your building is conducive to the city's master plan, you will receive your building permit.
Most areas use what is called Euclidean zoning, which sets strict separation of uses.
In other areas of the country, sometimes considered progressive, there are mixed-use developments that combine retail, residential, and commercial buildings in the same area.
This allows residents to conveniently walk to a grocery store or doctor's appointment, sometimes not even having to leave the building their home is in.
In the next articles of this series, I will talk about buying versus leasing.