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

Understanding the importance of zoning laws


Zoning laws, and familiarity with them, are important to commercial real estate in general and are important for commercial real estate transactions. Understanding zoning laws in the Miami area is important when conducting a commercial real estate transaction in the area. Zoning laws can address the zoning of the site and the property uses that are permitted within the zone, including minimum lot size, maximum density, required setbacks from the property line, the maximum lot coverage, the maximum floor area ratio, the maximum height, parking requirements and green area requirements.

When a zoning change is desired, a zoning hearing is required. Appeals of decisions may also be available in certain circumstances. Some decisions made by the Community Zoning Appeals Board, including zone changes, certain use variances and appeals of an administrative decision are appealable to the Board of County Commissioners. There are many types of zoning districts in the Miami area.

Zoning laws can have a tremendous impact on a commercial real estate transaction. They can impact the use and value of the project and are important to be familiar with. It is also important to be familiar with how to seek a change to zoning laws or a zoning variance depending on the circumstances. Zoning laws can determine how property is used including the size of the building and the availability of parking spaces, among other considerations, making zoning laws an integral part of any commercial real estate project.

When approaching or considering a commercial real estate transaction or project, it is helpful to have trained guidance to negotiate zoning considerations among the many other concerns that arise during the commercial real estate process. Being familiar with the legal technicalities associated with a commercial real estate project, and how to address them, can help make a successful project more likely.

Source: MiamiDade.gov, "Zoning Overview," Accessed Aug. 2, 2017

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