The ABCs of Avoiding a Custody Battle

What If The Planning Commission Does Not Approve Your Zoning Permit Request?

by Barry Webb

When you find the perfect property for your business, one of the most important considerations you need to make is whether or not you will receive the zoning approval necessary to operate. Unfortunately, this does not always happen and you are faced with either fighting for approval or finding another location for your business. If you are planning to fight for the right to setup business at the location of your choice, here are some tips to handle your situation.

Request a Variance

A "no" to your request for zoning approval does not necessarily mean that it will never happen. Consider the no a starting point for negotiations. One of the first steps you can take in the negotiations is to request a variance.

The variance would allow you to open and operate your business under the guise that not being able to do so would present a hardship. For instance, if you can point out that your business offers a unique service or product that is needed in the community, you could argue not having it would be a hardship for the community. 

If your variance is granted, it is important to remember that there could be conditions placed on it. If you fail to meet the conditions, the planning commission in your area could vote to retract the variance. As a result, you would not be able to operate your business. 

File a Lawsuit

If the planning commission is refusing to grant the variance and you are unable to move them on the issue, you can file a lawsuit in the court. In court, the decision would be left up to a judge and you might have a better shot of convincing him or her why your business needs to be. 

Before going to court, it is important for you to take the time and weigh whether or not filing a lawsuit is worth it. If you do not win, it is not only lost time, but lost money. You would still need to find a business location that would work. 

However, if you have a solid case, going to court might be the best move. For instance, if you have the support of all the other businesses in the area and show that you are willing to follow any conditions that are placed, you could be successful. 

There might be other options that you have available to win approval for your business. Work with an experienced commercial real estate attorney, such as Steve Butcher Sr, to learn what you need to do.  

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