REDEVELOPMENT OF EXISTING SITES AND BUILDINGS MARK ELLIOT & DAVID KIRK
Aside from limitations resulting from the current zoning classification , it is important to understand the impact any conditions of approval originally adopted by the governing jurisdiction may have on the property ' s redevelopment . For instance , many zoning approvals are conditioned upon a detailed site plan . Likewise , some zoning conditions prohibit or limit certain uses . In many jurisdictions , changing the site plan or other conditions of zoning requires the same process and entails many of the same risks rezoning the property would involve .
all such requirements . Jurisdictions typically allow such nonconforming uses or structures to remain so long as , for instance , the structure is not expanded in such a way as to increase the degree of nonconformity or the use is not discontinued for a period of time . If such changes occur , the property loses its legal nonconforming status and any future development must be in accordance with the new zoning ordinance . Nonconforming uses or structures could , therefore , complicate redevelopment efforts to the extent the redevelopment incorporates the structures and / or uses giving rise to the nonconformity .
Zoning Changes Following Initial Development
Many suitable redevelopment properties were developed under a zoning ordinance that may have been amended or entirely rewritten in the intervening years . Such changes can create a number of challenges .
Changes to zoning ordinances often result in uses or structures becoming " legally nonconforming ." A legal nonconforming use or structure met all zoning requirements at the time the use or structure was first established but , because of subsequent changes to the zoning ordinance , no longer meets
Changes to zoning ordinances could also impose new requirements that did not exist during initial development of the property . Zoning ordinances are amended frequently and may be completely rewritten from time to time . Such changes could affect everything from building heights to permitted uses to sustainability requirements . Similarly , even if the underlying zoning has not changed much since the original development of the property , the adoption of an overlay zoning district can impose additional restrictions . For example , it is critical to know if Overlay districts replaces or supplements the underlying zoning district ' s requirements . Overlay districts used to supplement existing zoning often are adopted to establish a higher standard of design for buildings , public spaces , and overall sites . Some jurisdictions use overlay districts not only to impose design standards but to replace the underlying zoning district ' s use requirements . It is essential to know the type and scope of any overlay district affecting the property .