Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida
786-574-4943

Zoning laws are key factor in development success


Miami business owners understand that proper planning is a crucial part of finding success. Businesses must take into account different contingencies that may occur, set strategic goals aimed at furthering the business's objectives and put the plans in motion to accomplish those objectives.

Of course, an essential part of planning is understanding the underlying factors at stake. For example, businesses cannot make planning decisions involving commercial real estate without knowing how the underlying laws will impact their situation. This is particularly true with zoning laws, which govern the placement and operations of businesses around the community.

For instance, three significant development projects are set to go before a local city's review committee before they can proceed. The projects include a 330-unit apartment complex, which requires a zoning change from its current status as an office district in order to accommodate the residential building. After going to the review committee, the projects would then go before the planning and zoning board, before finally receiving action at the city council level.

The projects illustrate how the planning process for a project can involve multiple steps, just in the area of zoning alone. Cities often will not hear a zoning issue directly, as the matter must first be heard by committees or subcommittees like the planning and zoning commission. These bodies will conduct hearings, at which other interested parties may be able to comment on the zoning issues before the board. After the hearings, the zoning board may vote and make a recommendation to the larger city council as to what action should be taken on the proposed project.

Accordingly, business owners who are engaged in development should be aware of what is entailed at each of these levels, and how they can put themselves in the best possible position for success. Individuals need to understand the zoning laws and what is required for a change in zoning status, among other issues.

Source: South Florida Business Journal, "Three big projects proposed in this city, including apartments in an office park," Brian Bandell, June 28, 2016

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