Zoning Entitlements Part Two
In Part One of the Zoning Entitlements blog, the developer performs their due diligence by reviewing the existing zoning regulations and having discussions with the neighbors and the local community association. A visit to the Planning office is also in order. If the planning staff has an unfavorable opinion concerning the proposed rezoning, that usually does not bode well for the success of the application.
The formal part of the rezoning process begins with the filing of a rezoning application with the municipal or county government. In the City of Atlanta, a developer’s first rezoning presentation will be at the local neighborhood association. Although the neighborhood associations have no formal role in the rezoning process, their recommendation carries a lot of weight with both elected officials and the boards involved in the approval process. The next stop, in the City of Atlanta, for a rezoning application will be with the local Neighborhood Planning Unit (NPU). The local NPU is made up of multiple neighborhoods and is the official public input body in the City of Atlanta. The NPU will consider comments from the community directly affected by rezoning and will make a recommendation to the City’s Planning staff. A developer will typically meet with the Land Use and Zoning Committee of the NPU, and that committee will make a report and recommendation to the full NPU. Having neighborhood and NPU approvals will increase the chance of a successful rezoning.
The next stop in the approval process, in the City of Atlanta, is the Zoning Review Board (ZRB). The developer’s application will be part of a public hearing. Citizens both in favor and against the rezoning application will have a chance to speak before the Board. The ZRB will also weigh the recommendations from the local NPU and the Office of Zoning and Development staff. The ZRB will vote to approve or deny the application. The application could also be deferred to a later date for the developer to amend the plan for the project. Once a decision has been made, the application will go before the City Council’s Zoning Committee.
The Zoning Committee will weigh the ZRB recommendation and vote to either approve, deny or amend the application. The Zoning Committee decision is then voted on by the full City Council and if approved, the application is forwarded to the mayor for his or her signature.
As you can see rezoning a property is a long and arduous process and the application can be deferred or turned down at any step along the way. When we are representing the purchaser of a property that will need to be rezoned, we usually recommend that a Purchase and Sale Agreement include a contingency allowing for at least 180 days for a rezoning to occur.
If you have any questions regarding zoning entitlements, I can be contacted at (404) 688-1222 or wtadams@adamscre.com.