Navigating Land Use Regulations for Commercial Business

Richard Stevens & Associates works with many commercial business owners who have encountered unexpected challenges related to land use regulations after purchasing or leasing property. These challenges can significantly impact a business’s ability to operate and thrive, so it’s essential to research and understand the applicable regulations before signing any contracts or agreements. In this article, we’ll highlight some of the most important land use regulations for commercial business owners to consider before making a purchase or lease agreement.

Zoning Laws and Restrictions

One of the most significant land use issues for commercial business owners to consider is zoning laws and restrictions. Zoning laws are local regulations that determine how land can be used in specific areas. For example, some areas may be zoned only for residential use, while others may allow commercial or industrial uses. Zoning laws can significantly impact what type of business can operate on a property, as well as what type of structures can be built on the land.

It’s essential to research the zoning laws in the area where the property is located and ensure that its intended use is allowed under those laws. Business owners should also consider any potential changes to zoning laws that could impact their operations, such as the proposed rezoning of the area.

Building Codes and Permitting Requirements

Other critical land use issues for commercial business owners to evaluate when purchasing or leasing a commercial property are building codes and permitting requirements. Building codes are regulations that set standards for the design, construction, and maintenance of buildings to ensure that they are safe and comply with various regulations, such as fire safety codes. Business owners should research the applicable building codes in the area where the property is located and ensure that any planned construction or renovations will comply with those codes.

Business owners should also be aware of any permitting requirements for construction or renovations. Permitting requirements can vary depending on the scope and nature of the work being done, and failing to obtain the necessary permits can result in fines, penalties, and even legal action.

Environmental Regulations

Commercial property owners must be aware of any environmental regulations that may impact their operations. If the property contains wetlands or other environmentally sensitive areas, there may be regulations to protect those areas. Business owners may need to obtain permits or follow specific guidelines to avoid damaging the environment.

Depending on the location and the type of business, there may be regulations related to hazardous materials or waste disposal that companies need to follow. Failing to comply with environmental regulations can result in significant fines, penalties, and damage to the business’s reputation.

Other Land Use Regulations to Consider

In addition to the three critical issues outlined above, there are several other land use regulations that commercial business owners should research and consider when purchasing or leasing property. These include:

• Easements: Easements are legal agreements that allow others to use a portion of the property for a specific purpose, such as granting utility companies access to install or maintain power lines. Business owners should be aware of any existing easements on the property and how they may impact their operations.
• Setback requirements: Setback requirements specify how far back from or how close to the property line a structure must be built. These requirements can vary depending on the zoning laws and other factors. In some municipalities, for example, commercial land use regulations may require new structures to be built close to the sidewalk with parking areas located behind the store. They may also require a certain amount of green space with landscaping between the building and the sidewalk.
• Height restrictions: Depending on the zoning laws and other regulations, there may be restrictions on how high structures can be built on the property.
• Signage regulations: If the business plans to advertise with signs, it may need to follow specific regulations regarding size, placement, and other factors. There may also be rules related to lighted versus unlighted signs or wording that may not be included on public signage.
• Parking requirements: Depending on the use of the property, there may be specific requirements for the number and type of parking spaces that must be provided. Interestingly, some municipalities also have rules that limit the amount of parking that may be constructed based on the maximum occupancy of the business or building to limit asphalt and promote green spaces.

Working with Professionals

Navigating land use regulations can be a complex and overwhelming process. It’s often beneficial for commercial business owners to work with professionals who have experience in land use planning and zoning. Richard Stevens & Associates can provide valuable insight and assistance in understanding the applicable regulations and ensuring that the property is suitable for the intended use. Call us today to learn more.