Obtaining Zoning and Planning Approval
The aim of any zoning and planning system is to balance a community's need for development with its need to provide public services and protect the environment. To obtain planning permission, your business will need to apply to city and county authorities and follow specific procedures. In most instances, planning departments are inclined to grant permission unless there is a definite planning, statutory or environmental reason not to do so.
Oh, yes! Your business will need to check with its local city and county to find out what kind of permissions and approvals proposed developments will need, and the requisite procedures. Fees for the review of planning documents usually are payable when documents are first submitted.
Along with new developments and expansions, both interior and exterior renovations require planning permission and specific permits. Interior work that won't affect a facility's exterior often requires only simple permits beforehand but may still require inspections prior to completion.
Building new facilities always requires planning permission, and you should first review the development plan of the area in which you are building to see if your proposal will be acceptable. Office and shop extensions usually require less extensive planning permission. So will change of use, unless both the present and the proposed activity fall within the same use class and are approved within the same zoning restrictions. Planning permission is not usually required for regular and general maintenance or repairs to a building's exterior. However, if street parking will be affected or if pedestrian access will be impacted by scaffolds or other equipment, contact city and county planning departments to determine what additional permits might be required.
Yes, again. Certain buildings are protected for historical purposes. If a building is historically preserved, additional consent and inspection may be required—and approval is not a given.
Traditionally, planning permission has not been required for signage on a building business, but that is changing in some communities. At the very least, signage must not exceed the sizes and heights specified by the city and county. And, other restrictions may apply, too.
In general, no planning permission will be required for using a domestic residence for business unless the home will no longer be used primarily as a private residence. You will need to consider other factors too. For example, if the proposed change will result in increased traffic in the immediate area, disturb neighbors, or cause a nuisance (noise or odors, for instance), then permission will be required. Check with both the planning department as well the city or county clerk's office to comply with regulations related to home-based businesses.
You also may need to consult the local planning office if you are planning to erect a fence on an existing property, especially if there are dimensional or material restrictions in your area.
In considering an application, city and county planners will take into account the character of the area, existing road capacity, traffic congestion and safety, the need to reserve land for other purposes, and adequacy of water supplies and wastewater treatment. It also will consider the site's suitability, any development plans and policies relevant to the application, archaeological implications, and environmental impacts. The department will also consider building regulations, listed historical building and conservation areas, fire regulations, and public safety and security.
Anyone can apply for planning permission. You may, however, prefer to appoint an agent to present the application on your behalf. Attorneys or architects are ideal since they are likely to be familiar with the process and know the officials who direct it. If you, as the applicant, are not the true owner of the property in question, or only have part ownership, then you must inform those who do own or partly own the property. As a matter of routine, planning decisions take weeks. Complex applications for large-scale developments take months, if not a year or more.
Step No. 1 is to inform the city or county's planning department of your plans. If necessary, your second step will be to ask to review any development plans or building-restriction information for your area, in order to assess any potential problems. Next, obtain the application form and find out how many copies to submit. Then, determine the type of permission you require. You may also want to consult neighboring property owners and those who may be affected by the proposal. Finally, it's time to submit your application along with all required documentation and the fee.
Depending upon your state, county, and city, there are several different types of planning permission that may be labeled with different names. Consult your local planning department, an architect, or real estate attorney specializing in planning and development to determine the type and name of permission you require. Here are some typical permission descriptions that your community may use:
- Outline planning permission simply looks to see whether or not the development is acceptable in principle. It usually applies when a new building is being erected or for a major expansion or modification. Detailed drawings are not normally needed for outline planning permission. Permission, if granted, will be subject to certain conditions, and no construction or preliminary work can begin until necessary approvals based on detailed interior and exterior planning documents are submitted and approved.
- Full planning permission is required if the business intends to change the use of the property or to legalize existing works which were built without the necessary permission. To obtain full planning permission, you should submit all of the details of the proposal.
Once you have applied, the planning department will acknowledge the application. At this point, a specific reference number will be issued. Since planning permission applications are public information, your application also will be available to anyone who wishes to see it. A report will be prepared for the planning committee. Ask your planning department approximately how long it will take until you can expect a response. Some communities require a planning department to respond by a certain date and to provide detailed information about any problems or reasons for refusal. Delays may occur if a site visit or further information is required. When an application is rejected, the applicant must be told why and usually will have an opportunity to appeal. If the application is granted, the planned changes must be undertaken within the proscribed timeframe, as the planning department dictates. Should that time expire, it will be necessary to reapply.
If planners reject a proposal, an appeal is possible almost anywhere. Before appealing, an applicant should make every effort to understand the department's objections and make whatever correction is needed, either by negotiation or amendment. This can be a back-and-forth process, though, and it can last weeks. Experts also advise requesting one planning officer with whom to coordinate. While time consuming, this is a relatively inexpensive option. You may also be able to request an informal hearing before the planning department, a city council or a county commission. Those latter two bodies usually have the ultimate authority, too.
No matter the locale, planning permission is a complex area fraught with frustrations and delays. So it is essential to get the right advice early on. If you are at all unsure, use an architect, land surveyor or attorney to assist with the proposal. Consult an expert and/or the local planning office. It's time and effort well spent. If a business proceeds without proper permission, the consequences can be serious, to say the least.
The more prepared you are, the less you will be hampered by delays. To begin with, find out when the city or county planning committee in question meets and be sure your information is submitted to meet the committee's timetable. Good preparation includes conferring with not only neighbors about your proposed project but also other affected parties, such as the water and sewage company, highway authority, and health and safety officials. It's a courtesy that can create allies and pay dividends down the road. It is also important to make sure that the information submitted with the application is complete and easily understood. Finally, also find out in advance if additional information, such as photographs, may be required or will be helpful.
Planning permission is tedious and stressful. It's easy to lose your sense of proportion when the process seems to be dragging on for weeks—or months. Remember, planning officials have a difficult job to do, and it pays to be patient and respectful whenever you're dealing with them.
Once the planning permission is obtained, it is essential to make sure any and all work done is as described in the approved plans and fulfills all building regulations. If you don't, an inspection will expose the error of your ways, cause delays, and may even cost you additional dollars in fines.
It is a serious offense to submit false information, or withhold information, in order to successfully obtain a lawful development order. Penalties can include a fine and imprisonment. Honesty in business, as in life, is always the best policy.
Steiner, Frederick R. and Kent Butler (Editors).
Entrepreneur Magazine on Zoning: www.entrepreneur.com/homebasedbiz/homebasedbasics/zoning/article38884.html
Planning Commissioners Journal: www.plannersweb.com