When owning land, one of the most common challenges is adapting to zoning regulations. However, there are mechanisms that allow owners to make a use different from that established by zoning. Let's look at a practical case and the available solutions.

Practical Case: The Desire to Build a Business in a Residential Area

Let's imagine that a property owner wants to build a grocery store in an area zoned exclusively for residential use. The question is: how can you obtain the necessary permission to carry out your project?

Common Options and Their Viability

• “Novation”: NO. A novation is not related to zoning, but to the replacement of a debt or one of the parties in a contract.
• “Amendment”: NO. Although it is possible to change zoning regulations through an amendment, it is a process that affects an entire area and not just a particular property.
• Approval of surrounding owners: NO. Although having the support of neighbors can be beneficial in many cases, it alone does not allow an exception to zoning regulations.
• “Conditional Use Permit” or “Zoning Variance”: YEAH. These are mechanisms designed to provide flexibility in zoning.

Going deeper into “Conditional Use” and “Variances”

A “Conditional Use Permit” It is an exception that allows property owners to use their property in non-conforming ways with the current zoning. On the other hand, a “variance” is a request to deviate from current zoning requirements.

Conclusion

The challenges around zoning may seem complex, but there are legal tools such as conditional use permits and variances that allow homeowners to adapt and carry out their projects. It is essential to know these tools and how they are applied in each situation.